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STATE EX REL. PROS. ATTY. v. BAYER CORP.

No. 33871.

672 S.E.2d 282 (2008)

STATE of West Virginia ex rel. Prosecuting Attorney of Kanawha County, West Virginia, Petitioner Below, Appellee, v. BAYER CORPORATION, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 5, 2008.

Concurring and Dissenting Opinion of Justice Benjamin January 9, 2009.

Attorney(s) appearing for the Case

Herschel H. Rose III, Steven R. Broadwater, Rose Law Office, Charleston, for Appellant.

Stephen B. Revercomb, Prosecuting Attorney, Robert W. Schulenberg III, Assistant Prosecuting Attorney, Charleston, for Appellee.

DAVIS, Justice:1

This is an appeal by Bayer Corporation, respondent below (hereinafter referred to as "Bayer"), from a final order of the Circuit Court of Kanawha County that reversed a tax exoneration decision by the Kanawha County Commission (hereinafter referred to as "the Commission"). In this appeal, Bayer makes the following assignments of error: (1) the Prosecuting Attorney of Kanawha County did not have authority to challenge the...

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