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WEIRTON HEIGHTS v. STATE FIRE COM'N

No. 32721.

628 S.E.2d 98 (2005)

218 W.Va. 668

WEIRTON HEIGHTS VOLUNTEER FIRE DEPARTMENT, INC., and WEIRTON VOLUNTEER FIRE DEPARTMENT COMPANY NO. 1, INC., Appellants, v. STATE FIRE COMMISSION, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 17, 2005.

Concurring Opinion of Justice Davis December 6, 2005.

Attorney(s) appearing for the Case

Leah L. Roth, Louis C. Long, Meyer Darragh, Buckler, Bebenek & Eck, P.L.L.C., Pittsburgh, PA, for Appellants.

Darrell V. McGraw, Jr., Attorney General, Doren Burrell, Senior Assistant Attorney General, Charleston, for Appellee.

BENJAMIN, Justice:

Appellants have appealed the September 14, 2004 Order of the Circuit Court of Hancock County which affirmed, in part, and reversed, in part, the December 13, 2002 decision of the State Fire Commission to withdraw recognition of Appellants as fire departments having the powers granted in Article 3A, Chapter 29 of the West Virginia Code. Appellants argue that the circuit court erred in affirming the action of the State Fire Commission because the...

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