William S.E. WINKLER and Diane Hickle, Plaintiffs Below, Appellees,
v.
STATE of West Virginia SCHOOL BUILDING AUTHORITY, and United National Bank, a National Banking Association, as Trustee Under the Certain Trust Indenture by and Between the School Building Authority of West Virginia, A Public Body Corporate and United National Bank, as Trustee, Dated January 1, 1990, Securing Capital Improvement Revenue Bonds Series 1990a and Subsequent Series, as Amended and Supplemented, Defendants Below,
State of West Virginia School Building Authority, Appellant.
William S.E. WINKLER and Diane Hickle, Plaintiffs Below, Appellees,
v.
STATE OF WEST VIRGINIA SCHOOL BUILDING AUTHORITY, and United National Bank, a National Banking Association, as Trustee Under the Certain Trust Indenture by and Between the School Building Authority of West Virginia, A Public Body Corporate and United National Bank, as Trustee, Dated January 1, 1990, Securing Capital Improvement Revenue Bonds Series 1990a and Subsequent Series, as Amended and Supplemented, Defendants Below,
United National Bank, a National Banking Association, as Trustee, Appellant.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted July 20, 1993.
Decided July 22, 1993.
Attorney(s) appearing for the Case
James B. Lees, Jr., Hunt, Lees, Farrell & Kessler, Charleston, for plaintiffs.
Harry M. Rubenstein, Kay, Casto, Chaney, Love & Wise, Morgantown, John O. Kizer, Kay, Casto, Chaney, Love & Wise, Charleston, for amicus curiae Board of Educ. of the Counties of Barbour, Doddridge, Gilmer, Harrison, Lewis, Marion, Monongalia, Preston, Randolph, Taylor, Tucker and Upshur.
Michael R. Crane, Alison E. Patient, M.E. Mowery, Charleston, for amicus curiae West Virginia Legislature.
Howard E. Seufer, Jr., Roger D. Hunter, Claudia W. Bentley, Bowles, Rice, McDavid, Graff & Love, Martinsburg, for amicus curiae Boards of Educ. of the Counties of Berkeley, Boone, Braxton, Calhoun, Fayette, Grant, Greenbrier, Hampshire, Hancock, Hardy, Logan, McDowell, Mineral, Ohio, Pleasants, Raleigh, Ritchie, Roane, Wetzel, Wirt, Wood and Wyoming.
Darrell V. McGraw, Jr., Atty. Gen., L. Eugene Dickinson, Asst. Atty. Gen., Charleston, for State of West Virginia School Bldg. Authority.
James K. Brown, Anthony J. Majestro, Jackson & Kelly, Charleston, Cynthia A. Majestro, Charleston, for United National Bank.
David L. Campbell, Charleston, for amicus curiae Honorable Gaston Caperton, Governor of the State of W.Va.
Stuart Calwell, Jacqueline A. Hallinan, Calwell & McCormick, Charleston, for amicus curiae State Bldg. & Constr. Trades Council.
Michael D. Thompson, Pros. Atty., of Jefferson County, Charles Town, amicus curiae.
Supreme Court of Appeals of West Virginia.
MILLER, Justice:
The question that we are asked to decide on this appeal is whether the Circuit Court of Kanawha County was in error when it held in its July 9, 1993 order that the Capital Improvement and Revenue and Refunding Bonds, Series 1993, issued by the appellant, State of West Virginia School Building Authority (SBA) in the amount of $338,145,000, were invalid as violating Sections 4 and 6 of Article X of the Constitution...
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