City of Morgantown, W. Va. v. Nuzum Trucking Co., etc.

DAVIS, Justice:

This appeal involves an attempt by the City of Morgantown, West Virginia (“Mor-gantown”), to regulate, by municipal ordinance, the weight and size of certain vehicles using a portion of West Virginia State Route 7 that passes through Morgantown. The instant proceeding was initiated in the Circuit Court of Kanawha County to challenge Morgantown’s ordinance. Morgantown herein appeals an order issued by the circuit court that granted the plaintiffs’ motion for summary judgment on the issue of state preemption, which had been filed by respondents herein, Nuzum Trucking Company…