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CITY OF HUNTINGTON v. BACON

Nos. 23067, 23070.

473 S.E.2d 743 (1996)

196 W.Va. 457

The CITY OF HUNTINGTON, a West Virginia Municipal Corporation, Plaintiff Below, Appellee, v. John A. BACON and Carole A. Bacon, Defendants Below, Appellants. The CITY OF HUNTINGTON, a West Virginia Municipal Corporation, Plaintiff Below, v. The CABELL COUNTY BOARD OF EDUCATION, a West Virginia Public Corporation, Defendant Below.

Supreme Court of Appeals of West Virginia.

Decided June 14, 1996.

Attorney(s) appearing for the Case

J. William St. Clair, St. Clair & Levine, Huntington, for Appellants.

Jendonnae L. Houdyschell, Assistant City Attorney, Huntington, for Appellee.

James Allan Colburn, Baer, Colburn & Morris, L.C., Huntington, for Defendant.

Jendonnae L. Houdyschell, Assistant City Attorney, Huntington, for Plaintiff.

Paul T. Boos, Kevin A. Stryker, Office of City Solicitor, Wheeling, for Amicus Curiae City of Wheeling.

John Preston Bailey, Harry L. Buch, Christopher Paull Riley, Bailey, Riley, Buch & Harman, L.C., Paul C. Camilletti, Camilletti, Sacco & Pizzuti, Wheeling, for Amicus Curiae Wheeling College, Inc. and Rev. Bernard W. Schmitt.

James W. Withrow, Vaughan & Withrow, Charleston, for Amicus Curiae West Virginia Municipal League, Inc.

McHUGH, Chief Justice.

The two cases before us were consolidated for argument and opinion. In the first case, the appellants, John Bacon, Carole Bacon, and other owners of buildings in the City of Huntington (hereinafter "the Bacons") appeal the April 25, 1995 order of the Circuit Court of Cabell County which granted summary judgment for the City of Huntington. In the second case, the Circuit Court of Cabell County certified...

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