STATE of West Virginia ex rel. CITIES OF CHARLESTON AND HUNTINGTON AND ITS COUNTIES OF OHIO AND KANAWHA, West Virginia, Petitioners
v.
WEST VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY, a Public Corporation, Respondent and
State of West Virginia ex rel. Rev. Jim Lewis and John Cooney, Petitioners
v.
West Virginia Economic Development Grant Committee; West Virginia Economic Development Authority; City of Charleston; Kanawha County Commission; City of Huntington; and Ohio County Commission, Respondents and
Greenbrier County Coalition Against Gambling Expansion and Cabell County Coalition Against Gambling Expansion, Unincorporated Associations, Petitioners
v.
West Virginia Lottery Commission and John Musgrave, Its Director, Respondents
West Virginia Racing Association, Intervenor.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted October 10, 2003.
Decided October 17, 2003.
Concurring Opinion of Justice Albright December 8, 2003.
Attorney(s) appearing for the Case
Stephen B. Farmer, Farmer, Cline & Arnold, Charleston, for Cities of Charleston and Huntington, and Counties of Ohio and Kanawha, WV and Robert P. Fitzsimmons, Fitzsimmons Law Offices, Wheeling, for Ohio County, WV.
Darrell V. McGraw, Jr., Attorney General, Charleston and William Herlihy, Special Assistant Attorney General, Paula L. Durst, Michael B. Stuart, Spilman, Thomas & Battle, Charleston, for West Virginia Economic Development Authority.
Larry L. Harless, Cottageville, for Reverend Jim Lewis and John Cooney, and Greenbrier County Coalition Against Gambling Expansion and Cabell County Coalition Against Gambling Expansion.
Darrell V. McGraw, Jr., Attorney General and Katherine A. Schultz, Senior Deputy Attorney General, Charleston, for West Virginia Economic Development Grant Committee.
Darrell V. McGraw, Jr., Attorney General and Thomas R. Goodwin, Special Assistant Attorney General, Johnny M. Knisely, II, Goodwin & Goodwin, Charleston, for West Virginia Lottery Commission and John Musgrave.
Rudolph L. DiTrapano, Sean P. McGinley, Richard S. Han, DiTrapano, Barrett & DiPiero, Charleston, for Intervenor West Virginia Racing Association.
Thomas P. Maroney, Thomas P. Maroney, LC, for Amicus Curiae, West Virginia Labor Federation, AFL-CIO.
Richard E. Boyle, Jr., Kay Casto & Chaney, for Amicus Curiae, West Virginia Amusement and Limited Video Lottery Operators Association, Inc.
Roger D. Hunter, for Amicus Curiae, School Building Authority of West Virginia.
Louis S. Southworth, II, Wendel B. Turner, Jackson & Kelly, and Thomas A. Heywood, Bowles Rice McDavid Graff & Love, for Amici Curiae, West Virginia Business Roundtable, West Virginia Business & Industry Council, and West Virginia Hospitality & Travel Association, Inc.
Vincent Trivelli, Stuart Calwell, for Amicus Curiae, Affiliated Construction Trades Foundation, a division of the West Virginia State Building and Construction Trades Council, AFL-CIO.
Supreme Court of Appeals of West Virginia.
MAYNARD, Justice:
These consolidated cases arise from three petitions seeking writs of mandamus from this Court in regards to the issuance of revenue bonds by the West Virginia Economic Development Authority for the purpose of financing several economic development projects in the State certified by the West Virginia Economic Development Grant Committee pursuant to W.Va.Code § 29-22-18a(d) (2003).
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