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MINGO COUNTY REDEVELOPMENT AUTH. v. GREEN

No. 26601.

534 S.E.2d 40 (2000)

207 W.Va. 486

MINGO COUNTY REDEVELOPMENT AUTHORITY, Plaintiff Below, Appellee, v. James GREEN, Sr., Single; James Green, Jr., Single; Sidney Green, Single; Alvin Green, Single; Harvey Green, Single; Connie Green, Single; and Patricia Green, Single, Defendants Below, Glen B. Gainer, III, Auditor and Commissioner of Delinquent and Non-Entered Lands for the State of West Virginia, Defendant Below, Appellant, and Stephen C. Sluss, Deputy Commissioner of Delinquent and Non-Entered Lands for Mingo County, Defendant Below, Appellant, and Maggie Harmon, and Matewan Bank, and Sheriff of Mingo County, West Virginia, and State of West Virginia, and Unknown Heirs, Defendants Below.

Supreme Court of Appeals of West Virginia.

Decided July 10, 2000.

Dissenting Opinion of Chief Justice Maynard July 14, 2000.

Attorney(s) appearing for the Case

George C. Howell, Esq., Ashland, Kentucky, Attorney for Appellee.

Barbara Harmon-Schamberger, Esq., Charleston, West Virginia, Attorney for Appellants Gainer and Sluss.

PER CURIAM:

In this case, the Auditor of the State of West Virginia, the Honorable Glen B. Gainer, III, and the Mingo County Redevelopment Authority (the "Redevelopment Authority") both claim the right to dispose of the same piece of property. The Auditor argues that he followed the law and, through his agents, made a valid and enforceable "tax-sale"1 of the property to a new owner. The Redevelopment Authority argues that it had instituted...

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