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TOWN OF BURNSVILLE v. KWIK-PIK, INC.

No. 19901.

408 S.E.2d 646 (1991)

TOWN OF BURNSVILLE, a Municipal Corporation, Plaintiff Below, Appellant, v. KWIK-PIK, INC., a West Virginia Corporation; Seventy-Niner, Inc., a West Virginia Corporation; and Roger M. Nettles, Individually and as Officer and Shareholder of Said Corporations, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 25, 1991.

Attorney(s) appearing for the Case

Robert Reed Sowa, Sutton, for appellant.

Joseph W. Wagoner, Haller & Wagoner, Weston, for appellees.

Gordon H. Copland, Steptoe & Johnson, Clarksburg, for amicus curiae, West Virginia Mun. Attys. Conference, Inc.

MILLER, Chief Justice:

This is an appeal from a final order of the Circuit Court of Braxton County, entered on May 24, 1990, which denied relief in a civil action brought by the Town of Burnsville to recover local business and occupational (B & O) taxes owed by the defendants below, Kwik-Pik, Inc., Seventy-Niner, Inc., and Roger M. Nettles. The circuit court ruled that the Town's B & O tax ordinance was not in conformity with the legislative grant of authority...

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