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CITY OF MORGANTOWN v. NUZUM TRUCKING CO.

No. 15-0127.

786 S.E.2d 486 (2016)

The CITY OF MORGANTOWN, West Virginia, A West Virginia Municipal Corporation, Defendant Below, Petitioner v. NUZUM TRUCKING COMPANY, A West Virginia Corporation, and Preston Contractors, Inc., A West Virginia Corporation, Plaintiffs Below, Respondents and Greer Industries, Inc., A West Virginia Corporation, Intervenor Plaintiff Below, Respondent and The West Virginia Department of Transportation, Division of Highways, A West Virginia Executive Agency, Indispensable Party/Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided April 7, 2016.

Attorney(s) appearing for the Case

Robert M. Bastress, Jr. , Morgantown, WV, for Petitioner.

Michael J. Folio , Jonathan T. Storage , Francis M. Curnutte, III , West Virginia Division of Highways, Legal Division, Charleston, WV, for Respondent, West Virginia Department of Transportation, Division of Highways.

Paul R. Cranston , James B. Shockley , Cranston & Edwards, PLLC, Morgantown, WV, Attorneys for the Respondents, Nuzum Trucking Co. and Preston Contractors, Inc.

Frank E. Simmerman, Jr. , Chad L. Taylor , Frank E. Simmerman, III , Simmerman Law Office, PLLC, Clarksburg, WV, for Respondent, Greer Industries, Inc.

This appeal involves an attempt by the City of Morgantown, West Virginia ("Morgantown"), to regulate, by municipal ordinance, the weight and size of certain vehicles using a portion of West Virginia State Route 7 that passes through Morgantown. The instant proceeding was initiated in the Circuit Court of Kanawha County to challenge...

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