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RITE AID OF WEST VIRGINIA v. CHARLESTON

No. 21498.

434 S.E.2d 379 (1993)

189 W.Va. 707

RITE AID OF WEST VIRGINIA, INC., Plaintiff Below, Appellant, v. The CITY OF CHARLESTON, a Municipal Corporation; The City of St. Albans, a Municipal Corporation; and the West Virginia Municipal League, Inc., a West Virginia Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 15, 1993.

Attorney(s) appearing for the Case

Paul M. Friedberg, Frances W. McCoy, Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, for Rite Aid of West Virginia, Inc.

Thomas M. Hayes, City Atty., Charleston, for the City of Charleston.

Dennis R. Vaughan, Jr., Vaughan & Withrow, Charleston, for West Virginia Mun. League, Inc.

NEELY, Justice.

Rite Aid of West Virginia, Inc. appeals an order of the Circuit Court of Kanawha County allowing the Cities of Charleston and St. Albans to impose a license fee on Rite Aid as a condition upon Rite Aid's sale of liquor. W.Va.Code 60-4-18 [1935] specifically prohibits cities from imposing a fee or a special tax as a condition upon the exercise of a state-issued liquor license. Therefore, we reverse.

The parties have stipulated the following...

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