Legal Opinion

Western Refining Yorktown v. County of York

Supreme Court of Virginia

Decided December 15, 2016No. Record 151641Published

1ConcurrenceChief Justice Lemons

I concur in the judgment reached by the Court in the opinion authored by Justice McCullough. As Justice McCullough notes:

**830Viewing the evidence in the light most favorable to the prevailing party, we conclude that there is evidence in the record to support a finding by the circuit court that Western did not prove that the Commissioner overvalued the refinery's machinery and tools in the January 1, 2010 and January 1, 2011 assessments. Because the burden of proof rested with Western, this failure of proof means that the assessment must stand.

2DissentJustice McCLANAHAN, joined by Justice Mims and Justice Kelsey

The Commissioner exceeded her statutory authority…

3Cases cited9 opinions

  1. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  2. Maine v. TaylorSupreme Court of the United States · 1986
  3. Columbus-America Discovery Group v. Atlantic Mutual InsuranceCourt of Appeals for the Fourth Circuit · 1995
  4. Norfolk and Western Railway Co. v. CommonwealthSupreme Court of Virginia · 1971
  5. Cost v. Com.Supreme Court of Virginia · 2008

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