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DEAN v. TOWN OF ADDISON

No. 27463.

534 S.E.2d 403 (2000)

207 W.Va. 538

William R. DEAN, et al., Plaintiff Below, Appellee, v. TOWN OF ADDISON, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 10, 2000.

Attorney(s) appearing for the Case

William W. Talbott, Esq., Webster Springs, West Virginia, Howard J. Blyler, Esq., Cowen, West Virginia, Attorneys for Appellees.

E. Scott Stanton, Esq., Summersville, West Virginia, Attorney for Appellant.

Dennis R. Vaughn, Jr., Esq., April Robertson Boughton, Esq., Charleston, West Virginia, Attorneys for Amicus Curiae West Virginia Municipal League, Inc.

McGRAW, Justice:

In this case, the Town of Addison appeals a grant of summary judgment against it and in favor of a group of town residents. The residents filed a class action lawsuit to challenge the validity of a "fire service fee" levied by the Town of Addison and used to support the local volunteer fire department, which fights fires both within, and without, the corporate limits of the municipality. The lower court...

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