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STATE v. WAYNE CTY. PUBLIC SERV. DIST.

No. 22965.

464 S.E.2d 777 (1995)

195 W.Va. 135

STATE of West Virginia ex rel. WATER DEVELOPMENT AUTHORITY, a Governmental Instrumentality and Public Body Corporate of the State of West Virginia, Petitioner v. NORTHERN WAYNE COUNTY PUBLIC SERVICE DISTRICT, a Governmental Instrumentality of the State of West Virginia and the Public Service Commission of West Virginia, Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 27, 1995.

Attorney(s) appearing for the Case

James K. Brown and John Philip Melick, Jackson & Kelly, Charleston, for Petitioner.

Robert R. Rodecker and Jerri F. Heiskell, Charleston, for Respondent Northern Wayne County Public Service District.

Meyishi P. Blair, Charleston, for Respondent Public Service Commission of West Virginia.

McHUGH, Chief Justice:

The Water Development Authority (hereinafter "WDA") seeks a writ of mandamus to compel the Northern Wayne County Public Service District (hereinafter "Public Service District") to impose a tap fee of $2,750.00 even though the Public Service Commission (hereinafter "PSC") ordered the Public Service District to reduce the $2,000.00 tap fee to $250.00. For reasons set forth below, we decline to issue...

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