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KINGMILL VALLEY PUBLIC SERV. v. RIVERVIEW

No. 19018.

386 S.E.2d 483 (1989)

KINGMILL VALLEY PUBLIC SERVICE DISTRICT v. RIVERVIEW ESTATES MOBILE HOME PARK, INC., etc., and R.E.S., Inc.

Supreme Court of Appeals of West Virginia.

October 27, 1989.

Attorney(s) appearing for the Case

Glenn O. Schumacher, Mannington, for appellant.

Michael John Aloi, Manchin, Aloi & Carrick, Fairmont, for appellees.

MILLER, Justice.

We address the question of whether the owner of a private sewer system who has been compelled to join the sewer lines of a public service district (PSD) may claim that the disuse of its system constitutes a de facto taking and recover its value from the PSD.

This issue arose when the Kingmill Valley PSD sued Riverview Estates Mobile Home Park, Inc. (Riverview) and R.E.S., Inc.1 in the Circuit Court of Marion...

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