Legal Opinion

City of Wheeling v. The Public Service Commission of West Virginia and the City of Benwood

West Virginia Supreme Court

Decided April 24, 2023No. 21-1001Separate

1Opinion of the Court

FILED No. 21-1001 – City of Wheeling v. Public Service Commission of West Virginia and The City of Benwood. April 24, 2023 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK Armstead, Justice, joined by Justice Hutchison, dissenting: SUPREME COURT OF APPEALS OF WEST VIRGINIA The City of Benwood filed a complaint with the Public Service Commission (“PSC”) challenging the City of Wheeling’s proposed sewer service rate increase. West Virginia Code § 24-2-1(b)(6) authorizes the PSC to toll the 120-day period for resolution of such disputes “until the necessary information showing the basis of rates,…

2Cases cited8 opinions

  1. State Ex Rel. McGraw v. Scott Runyan Pontiac-Buick, Inc.West Virginia Supreme Court · 1995
  2. Smith v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1975
  3. Appalachian Power Co. v. State Tax DepartmentWest Virginia Supreme Court · 1995
  4. Farley v. BuckalewWest Virginia Supreme Court · 1992
  5. Sizemore v. State Farm General InsuranceWest Virginia Supreme Court · 1998

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