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MUSICK v. UNIVERSITY PARK AT EVANSDALE, LLC

No. 17-0309.

820 S.E.2d 901 (2018)

Mark A. MUSICK, in his capacity as the Monongalia County, West Virginia, Assessor, Respondent Below, Petitioner, v. UNIVERSITY PARK AT EVANSDALE, LLC, Petitioner Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: November 8, 2018.

Attorney(s) appearing for the Case

Webster J. Arceneaux, III, Esq. , Lori D. Counts-Smith, Esq. , Lewis, Glasser, Casey & Rollins, PLLC, Charleston, West Virginia, Phillip M. Magro, Esq. , Assistant Prosecuting Attorney, Magro & Magro, Morgantown, West Virginia, Counsel for the Petitioner.

James A. Walls, Esq. , Joseph V. Schaeffer, Esq. , Spilman Thomas & Battle PLLC, Morgantown, West Virginia, Counsel for the Respondent.

John A. Mairs, Esq. , Christopher M. Hunter, Esq. , JACKSON KELLY PLLC, Charleston, West Virginia, Counsel for Amicus Curiae West Virginia University Board of Governors.

Patrick Morrisey, Esq. , Attorney General, Thomas M. Johnson, Jr., Esq. , Deputy Solicitor General, Joshua L. Jarrell, Esq. , General Counsel, West Virginia, Department of Commerce, Charleston, West Virginia, Counsel for Amicus Curiae West Virginia Development Office.

In 2013, West Virginia University (WVU) leased property to University Park at Evansdale, LLC (UPE) for the development of University Park, a student housing facility. On the same date, UPE subleased the student housing back to WVU for purposes of offering it to students for housing. As a result, the residential facilities of University...

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