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OHIO CELLULAR RSA v. BD. OF PUBLIC WORKS

No. 23294.

481 S.E.2d 722 (1996)

198 W.Va. 416

OHIO CELLULAR RSA LIMITED PARTNERSHIP, an Illinois Limited Partnership, Petitioner Below, Appellee v. The BOARD OF PUBLIC WORKS OF THE STATE OF WEST VIRGINIA, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 18, 1996.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Stephen B. Stockton, Barry L. Koerber, Jeffrey G. Blaydes, Assistant Attorneys General, Charleston, for Appellant.

Erica L. Horn, Bruce F. Clark, Jason P. Thomas, Stites & Harbison, Lexington, Kentucky, Craig M. Kay, John R. McGhee, Jr., Crystal S. Stump, Kay, Casto, Chaney, Love & Wise, Charleston, for Appellee.

G. Thomas Battle, Trina L. Leone, Spilman, Thomas & Battle, Charleston, for Amici Curiae, Tri-State Cellular Partnership, Hardy Cellular Telephone Company, USCOC of WV RSA# 2, Inc., USCOC of Cumberland, Inc. and West Virginia Cellular Corp.

McHUGH, Chief Justice:

The appellant, the Board of Public Works, appeals the July 25, 1995 order of the Circuit Court of Logan County which granted summary judgment for the appellee, Ohio Cellular RSA Limited Partnership (hereinafter "Ohio Cellular"), by finding that the Board of Public Works wrongly included the value of Ohio Cellular's Federal Communications Commission license (hereinafter "FCC license") in its property tax assessment. For reasons explained below...

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