BERKELEY COUNTY PUB. SERV. SEWER v. PSC

Nos. 25007, 25008.

512 S.E.2d 201 (1998)

204 W.Va. 279

BERKELEY COUNTY PUBLIC SERVICE SEWER DISTRICT, Appellant, v. The WEST VIRGINIA PUBLIC SERVICE COMMISSION, the City of Martinsburg and Opequon Public Service District, Appellees. Opequon Public Service District, Appellant, v. The West Virginia Public Service Commission, the City of Martinsburg and Berkeley County Public Service Sewer District, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 11, 1998.


Attorney(s) appearing for the Case

William F. Rohrbaugh, Esq., McNeer, Highland, McMunn and Varner, L.C., Martinsburg, West Virginia, Attorney for Berkeley County Public Service Sewer District.

Richard G. Gay, Esq., Margaret B. Gordon, Law Office of Richard G. Gay, L.C., Berkeley Springs, West Virginia, Attorney for Opequon Public Service District.

John Philip Melick, Jackson & Kelly, Charleston, West Virginia, Attorney for the City of Martinsburg.

Cassius H. Toon, Charleston, West Virginia, Attorney for the Public Service Commission of West Virginia.


McCUSKEY, Justice:

The parties to this proceeding are engaged in a tug-of-war over the right to provide water and sewer utility service to a newly developed tract of land located in Berkeley County, West Virginia. On one end of the struggle are the appellants, Berkeley County Public Service Sewer District ("Sewer District") and Opequon Public Service District ("Water District"). On the opposite end is the appellee, the City of Martinsburg ("City"). The parties' respective...

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