BERKLEY v. COMMON COUNCIL OF CITY OF CHARLESTON

Attorney(s) appearing for the Case

ARGUED: James Anthony McKowen, Hunt, Lees, Farrell & Kessler, Charleston, WV, for appellants. John Richard Fowler, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, WV, for appellee. ON BRIEF: Blake Benton, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, WV, for appellee. Martha A. Geer, Patterson, Harkavy & Lawrence, Raleigh, NC, for amicus curiae.

Reversed and remanded by published opinion. Judge LUTTIG wrote the majority opinion, in which Chief Judge ERVIN, Judges HALL, MURNAGHAN, WILKINS, NIEMEYER, HAMILTON, WILLIAMS, MICHAEL, and MOTZ and Senior Judge PHILLIPS joined. Senior Judge PHILLIPS wrote a special concurring opinion, in which Chief Judge ERVIN and Judge MURNAGHAN joined. Judge WIDENER wrote a dissenting opinion. Judge WILKINSON wrote a dissenting opinion, in which Judge RUSSELL and Judge WIDENER joined.