Foundation for Independent Living, Inc. v. Cabell-Huntington Board of Health

ALBRIGHT, Justice.

This case began as an appeal from a declaratory judgment action involving a clean indoor air regulation adopted by the appellant, Cabell-Huntington Board of Health (hereinafter individually referred to as the “C-H Board”). The C-H Board seeks through this appeal to establish its authority to implement the regulation by requesting reversal of the February 18, 2002, order of the Circuit Court of Cabell County declaring the regulation an impermissible use of police power and granting permanent injunctive relief. The appellees in the Cabell-Huntington appeal are the Foundation…