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STATE EX REL. AFFILIATED CONST. TRADES v. STUCKY

No. 11-1690.

729 S.E.2d 243 (2012)

STATE of West Virginia ex rel. the AFFILIATED CONSTRUCTION TRADES FOUNDATION, A Division of the West Virginia State Building and Construction Trades Council, AFL-CIO, Plaintiff Below, Petitioner v. The Honorable James C. STUCKY, Judge of the Circuit Court of Kanawha County; West Virginia Department of Transportation, Division of Highways; West Virginia Board of Education; Mingo County Redevelopment Authority; and Nicewonder Contracting, Inc., Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 21, 2012.

Attorney(s) appearing for the Case

Vincent Trivelli, Esq. , Law Office of Vincent Trivelli, PLLC, Morgantown, WV, for the Petitioner, Affiliated Construction Trades Foundation.

Anthony G. Halkias, Esq.   Jeff J. Miller, Esq. Charleston, WV, for Respondent, West Virginia Department of Transportation, Division of Highways.

Forrest H. Roles, Esq. , Robert M. Stonestreet, Esq. , Dinsmore & Shohl, LLP, Charleston, WV, for Respondent, Nicewonder Contracting, Inc.

Gene W. Bailey, II , Bowles Rice McDavid Graff & Love, Charleston, WV, for Respondent, Mingo County Redevelopment Authority.

PER CURIAM:

The Petitioner, The Affiliated Construction Trades Foundation, ("ACT"), seeks a writ of prohibition barring the circuit court from enforcing its order requiring ACT, in its declaratory judgment suit, to (1) prove by affirmative evidence that it has standing, and (2) add the Federal Highway Administration ("FHWA") as a defendant. For the reasons discussed in this Opinion, we grant the requested writ of prohibition.

I. Background

In ACT...

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