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IN RE 1994 ASSESS. OF PROP. OF RIGHINI

No. 22948.

475 S.E.2d 166 (1996)

197 W.Va. 166

In re The 1994 ASSESSMENTS OF the PROPERTY OF Massimo A. RIGHINI, Marilou M. Righini, J. David Magistrelli and Diane Magistrelli, Taxpayers, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 19, 1996.

Attorney(s) appearing for the Case

Michael E. Caryl, Bowles Rice McDavid Graff & Love, Martinsburg, for Appellees.

Richard G. Gay, Berkeley Springs, for Morgan County Commission.

RECHT, Justice:

This case requires us to resolve the scope of the authority of the Assessor and the County Commission of Morgan County, sitting as a Board of Equalization and Review, pursuant to W. Va.Code 11-3-1 (1977) and 11-3-24 (1979). The specific issue concerns whether the Assessor and the County Commission have the power to rescind a decision by the Division of Forestry, of the Department of Commerce, Labor and Environmental Resources, which certified certain...

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