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FOUND. FOR IND. LIV. v. CABELL-HUNTINGTON

Nos. 31120, 31616.

591 S.E.2d 744 (2003)

214 W.Va. 818

FOUNDATION FOR INDEPENDENT LIVING, INC., A West Virginia Non-Profit Organization; Mohawk Tribe # 11, Inc., A West Virginia Non-Profit Organization; Philip Dingess and Wanda Dingess, DBA Adam's Avenue Floral; Blevin's Entertainment, Inc., DBA Blevin's Roofing Company, and Other Similarly Situated Individuals and Businesses, Plaintiffs Below, Appellees, v. The CABELL-HUNTINGTON BOARD OF HEALTH, Defendant Below, Appellant, and State of West Virginia ex rel. Kanawha-Charleston Board of Health, Petitioner, v. The Honorable Charles E. King, Judge of the Circuit Court of Kanawha County, West Virginia, and David Dryden, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 2, 2003.

Attorney(s) appearing for the Case

Robert R. Fredeking, II, Paul E. Biser, Fredeking & Fredeking Law Offices, Huntington, for the Appellees Foundation for Independent Living, et al.

W. Edward ReBrook, III, Hunt & Serreno, Charleston, for the Respondent, David Dryden.

Raymond A. Nolan, Assistant Prosecuting Attorney, Cabell County, Huntington, for the Appellant The Cabell-Huntington Board of Health.

Victor Flanagan, Erik T. Engle, Pullin, Fowler & Flanagan, Charleston, for the Petitioner, Kanawha-Charleston Board of Health.

John R. Hoblitzell, Kay, Casto & Chaney, PLLC, Charleston, Debra Scudiere, Teresa J. Dumire, Kay Casto & Chaney, PLLC, Morgantown, for Amici Curiae, Local Health Association of West Virginia, et al.

ALBRIGHT, Justice.

This case began as an appeal from a declaratory judgment action involving a clean indoor air regulation adopted by the appellant, Cabell-Huntington Board of Health (hereinafter individually referred to as the "C-H Board"). The C-H Board seeks through this appeal to establish its authority to implement the regulation by requesting reversal of the February 18, 2002, order of the Circuit Court of Cabell...

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