McClung Investments, Inc. v. Green Valley Community Public Service District

MAYNARD, Justice:

The appellant, Green Valley Community Public Service District, appeals the August 29, 1995, order of the Circuit Court of Kana-wha County, West Virginia, which granted summary judgment for the appellee, McClung Investments, Inc., in an action by the appellee to enjoin the appellant from collecting $22,359.82 in sewer fee arrearage. The circuit court found that a hen docketed against the appellee’s property by the appellant for delinquent sewer fees was not exempted from the recordation requirements under W.Va.Code § 38-10C-1 (1943) and, therefore, was defeated by a previously…