City of Fairmont v. Pitrolo Pontiac-Cadillac Co.

This is preeminently a case requiring the application of stare decisis. This case should be controlled by McCoy v. Sistersville, 120 W.Va. 471, 199 S.E. 260 (1938). In that case, we held the following: (1) the provision of the W.Va.Code (now Code, 8-13-13 [1971]) that allows cities to make separate charges for specific, enumerated services is constitutional; (2) cities may charge for fire protection under the authority of what is now Code, 8-13-13 [1971] on the basis of use; and (3) fees based on the value of improvements and personal property bear such a reasonable correlation to the actual…