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IN RE TAX ASSESSMENT AGAINST ABPP

No. 27377, 27378.

539 S.E.2d 757 (2000)

In re TAX ASSESSMENT AGAINST AMERICAN BITUMINOUS POWER PARTNERS, L.P.

Supreme Court of Appeals of West Virginia.

Decided July 12, 2000.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Stephen Stockton, Assistant Attorney General, Charleston, West Virginia, Attorneys for Appellant Joseph Palmer, State Tax Commissioner.

Frances C. Whiteman, Esq., Whiteman, Burdette & Radman, PLLC, Fairmont, West Virginia, Attorney for Appellant Marion County Commission.

Herschel H. Rose, Esq., Rose & Atkinson, Charleston, West Virginia, Attorney for Appellee American Bituminous Power Partners, L.P.

McGRAW, Justice:

In these consolidated cases, the Marion County Commission and Joseph M. Palmer, Tax Commissioner of the State of West Virginia ("Tax Commissioner"), appeal the June 28, 1999 final order of the Circuit Court of Marion County, which ruled in favor of appellee American Bituminous Power Partners, L.P. ("ABPP"), on its claim that the Tax Commissioner violated applicable law by failing to employ an "income approach...

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