BERKELEY CTY. COUNCIL v. GOV'T PROPERTIES

No. 20-1019, No. 20-1022.

880 S.E.2d 487 (2022)

BERKELEY COUNTY COUNCIL, Defendant Below, Petitioner, v. GOVERNMENT PROPERTIES INCOME TRUST LLC, Plaintiff Below, Respondent. Berkeley County Council, Defendant Below, Petitioner, v. Martinsburg IRS OC, LLC, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: November 10, 2022.


Attorney(s) appearing for the Case

Jeffrey T. Mauzy, Esquire , Anthony J. Delligatti, Esquire , Martinsburg, West Virginia, Counsel for Petitioners.

Eric Hulett, Esquire , Christopher M. Hunter, Esquire , Jackson Kelly PLLC, Charleston, West Virginia, AND Edward F. Hirshberg, Esquire , Ryan Law Firm, PLLC, Pittsburgh, Pennsylvania, Counsel for Respondent.

Joshua A. Cottle, Esquire , Kimberly S. Croyle, Esquire , Howard E. Seufer, Jr. , Bowles Rice LLP, Charleston, West Virginia, Counsel for Amicus Curiae Board of Education of the County of Berkeley.


In these two consolidated appeals, The Berkeley County Council ("Petitioner") appeals the judgments of the Circuit Court of Berkeley County that reversed the orders issued by Petitioner while sitting as the Berkeley County Board of Assessment Appeals ("Board").1 These orders arose from appeals of the...

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