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JEFFERSON COUNTY CITIZENS v. COM'N

No. 18-0659.

820 S.E.2d 618 (2018)

JEFFERSON COUNTY CITIZENS FOR ECONOMIC PRESERVATION, Shenandoah Junction Public Sewer, Inc., and Arcadia Land, Inc., Petitioners v. The PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, Jefferson County Public Service District, Jefferson County Commission, and The City of Charles Town, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 2, 2018.

Attorney(s) appearing for the Case

Christopher D. Negley, Esq. , Michael D. Dunham, Esq. , Shuman, McCuskey & Slicer, PLLC, Charleston, West Virginia, Counsel for the Petitioner, Jefferson County Citizens for Economic Preservation.

David B. Hanna, Esq. , Hanna & Hanna, PLLC, Charleston, West Virginia, Counsel for the Petitioner, Shenandoah Junction Public Sewer, Inc.

Jessica M. Lane, Esq. , Charleston, West Virginia, Counsel for Respondent, Public Service Commission.

Susan J. Riggs, Esq. , Spilman Thomas & Battle, PLLC, Charleston, West Virginia, Counsel for Respondent, Jefferson County Public Service District.

Peter L. Chakmakian, Esq. , Law Offices of Peter, L. Chakmakian, L.C., Charles Town, West Virginia, Counsel for the Petitioner, Arcadia Land, Inc.

William F. Rohrbaugh, Esq. , Martinsburg, West Virginia, Counsel for Respondent, Jefferson County Commission.

Hoy G. Shingleton, Jr., Esq. , Law Offices of Hoy Shingleton, L.C., Martinsburg, West Virginia, Counsel for Respondent, The City of Charles Town.

We are asked whether the Public Service Commission of West Virginia erred by finding that the Jefferson County Public Service District may "indefinitely delay" a project to upgrade its sewer service. This Court may reverse an order by the Public Service Commission when: (1) it exceeded its authority; (2) it made factual findings...

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