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STATE EX REL. REGIONAL v. CABELL COUNTY

No. 33347.

657 S.E.2d 176 (2007)

STATE of West Virginia ex rel. REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY, Petitioner Below, Appellant v. COUNTY COMMISSION OF CABELL COUNTY, Bob Bailey, as President; W. Scott Bias, as Commissioner; and Nancy Cartmill, as Commissioner, Respondents Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2007.

Concurring Opinion of Justice Starcher November 21, 2007.

Attorney(s) appearing for the Case

Gary E. Pullin, J. Robert Russell, Pullin Fowler & Flanagan, P.L.L.C., Chad M. Cardinal, Charleston, WV, for Appellant.

Ancil G. Ramey, Hannah B. Curry, Steptoe & Johnson, P.L.L.C., Charleston, WV, William T. Watson, Huntington, WV, for Appellees.

ALBRIGHT, Justice.

In this original mandamus action,1 the West Virginia Regional Jail and Correctional Authority ("Authority") seeks to compel the County Commission of Cabell County ("Commission") to fulfill its obligation to pay for the care and upkeep of those persons incarcerated in the West Virginia Western Regional Jail at the express direction of Cabell County authorities. When the petition was initially filed, the arrearage owed...

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