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BROADMOOR/TIMBERLINE APTS. v. P.S.C.

No. 18533.

376 S.E.2d 593 (1988)

BROADMOOR/TIMBERLINE APARTMENTS v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, Frank Volk, and the City of Morgantown.

Supreme Court of Appeals of West Virginia.

December 21, 1988.

Attorney(s) appearing for the Case

John S. Dalporto, Thomas H. Newbraugh, Fusco & Newbraugh, Morgantown, for Broadmoor/Timberline Apartments.

William F. Byrne, Morgantown, for Volk.

Kenneth E. Kincaid, Morgantown, for Town of Morgantown.

Mary C. Wright, Legal Div., PSC, Charleston, for the PSC of West Virginia.

MILLER, Justice:

The question presented is: Whether private sewer lines that transport waste from public utility customers into the utility's sewer system are subject to the jurisdiction of the public service commission (PSC).

I.

Broadmoor/Timberline Apartments (Broadmoor)1 is a private apartment complex situate less than one mile outside of the City of Morgantown. In the early 1970s, as part of an expansion of its facilities...

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