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HARRISON COUNTY v. HARRISON COUNTY ASSESSOR

No. 33381.

658 S.E.2d 555 (2008)

HARRISON COUNTY COMMISSION, Roger Diaz, President, Petitioners Below, Appellants, v. HARRISON COUNTY ASSESSOR, Cheryl L. Romano, Assessor, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided January 25, 2008.

Attorney(s) appearing for the Case

Michael J. Florio, Florio Law Offices, Clarksburg, Attorney for the Appellants.

Gregory H. Schillace, Schillace Law Office, Clarksburg, WV, Attorney for the Appellee.

John Kennedy Bailey, John Kennedy Bailey PLLC, Charleston, Attorney for Amicus Curiae, The West Virginia Assessors' Association.

DAVIS, Justice:

The Harrison County Commission herein appeals the denial of its petition for writ of mandamus filed in the Circuit Court of Harrison County, and the granting of the Harrison County Assessor's counter-petition for writ of mandamus. Resolution of this appeal requires this Court to consider W. Va.Code § 11-1C-8(a) (1998) (Repl.Vol.2003) in connection with W. Va.Code § 7-7-7 (2000) (Repl.Vol.2006) to determine whether a county assessor is required...

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