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ADKINS v. CAPEHART

No. 24635.

504 S.E.2d 923 (1998)

202 W.Va. 460

Linda ADKINS, Pamela Chapman, Dorothy Ann Grimmett, West Virginia Education Association, United Mine Workers of America, International Union, West Virginia Citizen Action Group and West Virginia Environmental Council, Appellants, v. Robin CAPEHART, Secretary of the West Virginia Department of Tax and Revenue and Tax Commissioner, in his official capacity, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 2, 1998.

Dissenting Opinion of Justice Starcher July 16, 1998.

Attorney(s) appearing for the Case

Patrick C. McGinley, Suzanne M. Weise, Morgantown, and Perry McDaniel, Crandall, Pyles & Haviland, Charleston, for Appellants.

Stephen B. Farmer, James S. Arnold, Farmer, Cline & Arnold, Charleston, for Appellees.

PER CURIAM:1

Appellants challenge the failure of the Circuit Court of Kanawha County in its order of March 7, 1997, to declare as unconstitutional the method by which the Appellee Secretary of the West Virginia Department of Tax and Revenue (hereinafter referred to as the "Tax Department") currently values coal reserves2 for purposes of ad valorem taxation. Upon review of this matter, we determine that the...

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