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STATE EX REL. HUMAN RES. v. BOARD OF RISK

No. 31235.

590 S.E.2d 653 (2003)

214 W.Va. 460

STATE of West Virginia ex rel. Human Resource Development and Employment, Inc., Petitioner Below, Appellant, v. The BOARD OF RISK AND INSURANCE MANAGEMENT OF the STATE OF WEST VIRGINIA, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2003.

Concurring Opinion of Justice McGraw December 10, 2003.

Attorney(s) appearing for the Case

Samuel Spencer Stone, Esq., Morgantown, for Appellant.

Darrell W. McGraw, Attorney General, Debra L. Hamilton, Managing Deputy Attorney General, Charleston, for Appellee.

PER CURIAM.

In the instant case, we conclude that the State Board of Risk Management must offer an insurance policy to a non-profit agency.

I.

The petitioner is Human Resource Development and Employment, Inc. ("HRDE"), a non-profit corporation that owns, operates, and manages apartment complexes in West Virginia that provide subsidized housing for elderly, disabled, and/or low-income citizens of West Virginia...

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