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NEW VRINDABAN COMMUNITY, INC. v. ROSE

No. 20891.

419 S.E.2d 478 (1992)

187 W.Va. 410

NEW VRINDABAN COMMUNITY, INC., Petitioner Below, v. Herschel H. ROSE, as West Virginia State Tax Commissioner, and Alfred Clark, as Assessor of Marshall County, West Virginia, Respondents Below.

Supreme Court of Appeals of West Virginia.

Decided July 1, 1992.

Attorney(s) appearing for the Case

G. Charles Hughes, Moundsville, for petitioner.

Mario J. Palumbo, Silas B. Taylor, Jeffrey W. VanGilder, Timothy J. Lafon, Office of Atty. Gen., Charleston, for respondents.

McHUGH, Chief Justice:

In this certified question proceeding, the petitioner is the New Vrindaban Community, Inc. (also referred to as the "taxpayer"); the respondents are Herschel H. Rose, as West Virginia State Tax Commissioner, and Alfred Clark, as assessor of Marshall County (also referred to as the "State").1

I

In 1984, the Marshall County Assessor sought the opinion of the State Tax Commissioner

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