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LOYAL ORDER OF MOOSE v. STATE TAX COM'R

No. 32842.

632 S.E.2d 59 (2006)

219 W.Va. 119

LOYAL ORDER OF MOOSE, Martinsburg Lodge No. 120, Petitioner Below, Appellant v. STATE TAX COMMISSIONER, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 18, 2006.

Dissenting Opinion of Justice STARCHER July 11, 2006.

Attorney(s) appearing for the Case

Michael E. Caryl, Esq., Bowles Rice McDavid Graff & Love, Martinsburg, Heather G. Harlan, Esq., Bowles Rice McDavid Graff & Love, Charleston, Attorneys for Appellant.

Darrell V. McGraw, Jr., Esq., Attorney General, A.M. Pollack, Esq., Assistant Attorney General, Charleston, Attorneys for Appellee.

PER CURIAM:

This case is before this Court upon appeal of a final order of the Circuit Court of Berkeley County entered on December 8, 2004. In that order, the circuit court upheld an administrative decision of the appellee, the State Tax Commissioner, denying an application for renewal of an annual charitable bingo and raffle license to the appellant, the Loyal Order of Moose, Martinsburg Lodge No. 120 (hereinafter, "Moose...

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