STATE of West Virginia ex rel. WEST VIRGINIA CITIZENS ACTION GROUP, an Incorporated Association of State Citizens and Taxpayers, Petitioner Below, Appellant,
v.
WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE; City of Wheeling, A Municipal Corporation; and Century Equities—Wheeling Victorian Outlet Mall, Inc., A Private Corporation, Respondents Below, Appellees.
Kanawha County Commission, Intervenor.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted March 11, 2003.
Decided May 16, 2003.
Attorney(s) appearing for the Case
Larry L. Harless, Cottageville, for the Appellant.
Darrell V. McGraw, Jr., Attorney General, Katherine A. Schultz, Senior Deputy Attorney General, Stephen Stockton, Senior Assistant Attorney General, Jennifer Lea Stollings, Assistant Attorney General, Charleston, for the Appellees.
G. Nicholas Casey, Richard L. Gottlieb, Webster J. Arceneaux, III, Lewis Glasser Casey & Rollins, PLLC, Charleston, for the Intervenor, Kanawha County Commission.
Rosemary J. Humway-Warmuth, Joanna I. Tabit, Steptoe & Johnson, PLLC, Wheeling, for the City of Wheeling, Amicus Curiae.
Robert M. Bastress, Morgantown, for American Civil Liberties Union of West Virginia, Amicus Curiae.
Vincent Trivelli, Stuart Calwell, Law Offices of Stuart Calwell, PLLC, Charleston, for The Affiliated Construction Trades Foundation, Amicus Curiae.
Webster J. Arceneaux, III, Richard L. Gottlieb, Lewis, Glasser, Casey & Rollins, PLLC, for Marshall University Research Corporation; Our Jobs, Our Children, Our Future, Inc. d/b/a The Huntington Area Development Council; Tri-State Transit Authority and Metropolitan Huntington, LLC; Advantage Valley Partners, LLC; Putnam County Development Authority; and Putnam County Commission, Amicus Curiae.
Supreme Court of Appeals of West Virginia.
ALBRIGHT, Justice.
The West Virginia Citizen Action Group1 (hereinafter referred to as "CAG") appeals from the January 21, 2003, order of the Circuit Court of Kanawha County upholding the constitutionality of portions of West Virginia Code § 29-22-18a(d)(3) (Supp.2002), specifically as it pertains to the manner in which the members of the Appellee West Virginia Economic Grant Committee...
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