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STATE EX REL. TUCKER CTY. SOLID WASTE AUTHORITY v. DIV. OF LABOR

No. 33809.

668 S.E.2d 217 (2008)

STATE ex rel. the TUCKER COUNTY SOLID WASTE AUTHORITY, Petitioner, v. WEST VIRGINIA DIVISION OF LABOR, Respondent, West Virginia State Building and Construction Trades Council, AFL-CIO, Intervenor.

Supreme Court of Appeals of West Virginia.

Decided June 26, 2008.

Dissenting Opinion of Justice Starcher July 17, 2008.

Attorney(s) appearing for the Case

Rodney L. Bean, Christi R.B. Stover, Steptoe & Johnson PLLC, Morgantown, for Petitioner.

Darrell V. McGraw, Jr., Attorney General, Elizabeth G. Farber, Assistant Attorney General, Morgantown, for Respondent.

Vincent Trivelli, The Law Office of Vincent Trivelli, PLLC, Morgantown, for Intervenor, West Virginia State Building and Construction, Trades Council, AFL-CIO, and Attorney for Amicus Curiae, Kanawha Valley Builders Association.

DAVIS, Justice:

The petitioner herein, the Tucker County Solid Waste Authority (hereinafter "TCSWA"), requests this Court to issue a writ of prohibition against the respondent herein, the West Virginia Division of Labor (hereinafter "DOL"), to prevent the DOL from continuing administrative proceedings against it. Specifically, the TCSWA wishes to prohibit the enforcement of a DOL administrative order, entered June 29, 2007, which found the TCSWA did not pay certain...

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