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McCOY v. VANKIRK

No. 24019.

500 S.E.2d 534 (1997)

201 W.Va. 718

Dr. James C. McCOY, Plaintiff below, Appellant, v. Fred VANKIRK, in his official capacity as the Commissioner of the West Virginia Division of Highways, Defendant below, Appellee, and Rite Aid of West Virginia, Inc., a West Virginia Corporation, Intervenor below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 16, 1997.

Attorney(s) appearing for the Case

Joyce F. Ofsa, Trina L. Leone, Mark A. Sadd, Spilman, Thomas & Battle, Charleston, for Appellant McCoy.

Anthony G. Halkias, Jeff Miller, West Virginia Division of Highways, Charleston, for Appellee Fred VanKirk.

William E. Hamb, Christopher L. Hamb, Hamb & Poffenbarger, Charleston, for Appellee Rite Aid of West Virginia.

STARCHER, Justice:

This appeal concerns the interpretation and constitutionality of W.Va.Code, 17-2A-19 [1994], which allows the Commissioner of the Division of Highways, appellee Fred VanKirk, ("Commissioner") to dispose of certain unneeded highways real estate. The dispute between the parties centers on whether, under the statute, the Commissioner may constitutionally give preferential treatment to an owner of...

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