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NINE v. GRANT TOWN

No. 21559.

437 S.E.2d 250 (1993)

190 W.Va. 86

Florence NINE and Dave Nine, Plaintiffs Below, Appellees, v. GRANT TOWN, a Municipal Corporation; Gary Brownlee, Mayor; Melanie Thompson, Recorder; Bea Sullivan, Joe Retton, Arthur Puskas, Richard Gillespie, Gonzalo Lopez, as Members of the Grant Town Council, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided October 15, 1993.

Attorney(s) appearing for the Case

Florence Nine and Dave Nine, pro se.

Ron L. Tucker, Louis J. Palmer, Jr., Fairmont, for defendants.

MILLER, Justice:

Grant Town, along with its mayor and council, (hereinafter collectively called "Town"), appeals the summary judgment order of the Circuit Court of Marion County entered on August 7, 1992.1 The circuit court held that the Town's excise tax on public utilities enacted pursuant to W.Va. Code, 8-13-5a (1971),2 was invalid because it had not been published according to the requirements contained...

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