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BENEDICT v. POLAN

No. 20116.

413 S.E.2d 107 (1991)

Cleve BENEDICT, in his official capacity as Commissioner of Agriculture and in his individual capacity as a citizen and taxpayer of West Virginia on Behalf of all citizens and taxpayers of West Virginia, and West Virginia Board of Osteopathy, Petitioners Below, Appellees, v. Charles M. POLAN, Secretary, Department of Administration and Commissioner, Division of Finance and Administration; Glen B. Gainer, Auditor; and Larrie Bailey, Treasurer Respondents Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided December 13, 1991.

Attorney(s) appearing for the Case

Jan L. Fox, Deputy Atty. Gen., Charleston, for appellants.

Webster J. Arceneaux, III, Sp. Asst. Atty. Gen., Lewis, Ciccarello and Friedberg, Charleston, for appellees.

WORKMAN, Justice:

The question presented to this Court is whether the Circuit Court of Kanawha County correctly ruled that House Bill No. 4456 (1990) unconstitutionally transferred monies from three special revenue accounts for the benefit of the Division of Human Services, Department of Health and Human Resources ("DHS"). After reviewing the pertinent statutory and constitutional provisions, we conclude that the transfer...

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