CITY OF CLARKSBURG, A Municipal Corporation, Appellee,
v.
GRANDEOTTO, INC., A Corporation; Bernard J. and Kathy A. Folio; Mid-City Land Co.; Bernard J. Folio d/b/a Highrise Associates; Kathryn Folio; Joseph Folio, Appellants.
The City of Huntington, A West Virginia Corporation, Appellee,
v.
Most Reverend Bernard W. Schmitt, Bishop of the Roman Catholic Diocese of Wheeling-Charleston, Appellant.
Wheeling College, Inc., A West Virginia Corporation, and the Most Reverend Bernard W. Schmitt, Bishop of the Diocese of Wheeling-Charleston, Appellants,
v.
The City of Wheeling, A Municipal Corporation, Appellee.
The City of Wheeling, A Municipal Corporation, Appellee,
v.
The Ohio County Board of Education, Appellant.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted November 10, 1998.
Decided December 15, 1998.
Attorney(s) appearing for the Case
Gregory A. Morgan, Esq., Young, Morgan & Cann, Clarksburg, West Virginia, Attorney for City of Clarksburg.
J. Cecil Jarvis, Esq., McNeer, Highland, McMunn & Varner, Clarksburg, West Virginia and Thomas G. Eddy, Esq., Eddy & Osterman, Pittsburgh, Pennsylvania, Attorneys for Grandeotto, Inc., et al.
Jendonnae L. Houdyschell, Esq., City Attorney, Huntington, West Virginia, Attorney for The City of Huntington.
G. Nicholas Casey, Jr., Esq., Webster J. Arceneaux, III, Esq., Sandra K. Henson, Esq., Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, West Virginia and Clifford B. Levine, Esq., Peter K. Blume, Esq., Stuart C. Gaul, Jr., Esq., Cathy M. Armstrong. Esq., Thorp, Reed & Armstrong, Pittsburgh, Pennsylvania, Attorneys for Bishop Schmitt.
John Preston Bailey, Esq., Harry L. Buch, Esq., Bailey, Riley, Buch & Harman, Wheeling, West Virginia and James C. Gardill, Esq., Phillips, Gardill, Kaiser & Altmeyer, Wheeling, West Virginia, Attorneys for Wheeling College.
Ronald M. Musser, Esq., Rosemary J. Humway-Warmuth, Esq., City of Wheeling Legal Department, Wheeling, West Virginia, Attorneys for The City of Wheeling.
James F. Companion, Esq., Schrader, Byrd & Companion, Wheeling, West Virginia, Attorney for the Ohio County Board of Education.
Ronald M. Musser, Esq., Rosemary J. Humway-Warmuth, Esq., City of Wheeling, Jendonnae Houdyschell, Esq., City of Huntington, Steve Fanok, Esq., City of Morgantown, Joe DiBartolomeo, Esq., City of Weirton, Mark Matkovich, Esq., City of Beckley, Jill Jerabeck, Esq., City of Charleston, John Feuchtenberger, Esq., City of Bluefield, Amy Haynie, Esq., City of South Charleston, for amici brief.
James W. Withrow, Esq., West Virginia Municipal League, Inc., for amicus brief.
Supreme Court of Appeals of West Virginia.
PER CURIAM:
The three cases before us were consolidated for argument and opinion. In the first case, Grandeotto, Inc., Kathy A. Folio, Mid-City Land Co., Bernard J. Folio, d/b/a Highrise Associates, Kathryn V. Folio, and Joseph A. Folio (the Grandeottos) appeal the July 24, 1997 order of the Circuit Court of Harrison County, West Virginia, which granted summary judgment to the City of Clarksburg and ordered the Grandeottos to pay the fire service protection fee. In...
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