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WETZEL COUNTY v. PUBLIC SERVICE COM'N

No. 33036.

633 S.E.2d 286 (2006)

WETZEL COUNTY SOLID WASTE AUTHORITY, Petitioner v. THE PUBLIC SERVICE COMMISSION OF WEST VIRGINIA AND LACKAWANNA TRANSPORT COMPANY, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 29, 2006.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Silas B. Taylor, Senior Deputy Attorney General, Charleston, for the Petitioner.

Richard E. Hitt, Charleston, for the Respondent, Public Service Commission of West Virginia.

Logan Hassig, Snyder & Hassig, New Martinsville, for the Respondent, Lackawanna Transport Company.

PER CURIAM:

Through this original proceeding, Wetzel County Solid Waste Authority (hereinafter referred to as the "Authority") seeks a writ of mandamus to compel the West Virginia Public Service Commission ("PSC") to enforce its final order denying a certificate of need to Lackawanna Transport Company ("Lackawanna"). Upon our careful review of this matter, we determine that the PSC has failed to take the necessary action to enforce its order of August 19, 2005, which...

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