Legal Opinion

Berkeley County Public Service Sewer District v. West Virginia Public Service Commission

West Virginia Supreme Court

Decided December 11, 1998No. 25007, 25008PublishedCited by 11 opinions

1Opinion of the Court

McCUSKEY, Justice:

The parties to this proceeding are engaged in a tug-of-war over the right to provide water and sewer utility service to a newly developed tract of land located in Berkeley County, West Virginia. On one end of the struggle are the appellants, Berkeley County Public Service Sewer District (“Sewer District”) and Opequon Public Service District (“Water District”). On the opposite end is the appellee, the City of Martinsburg (“City”). The parties’ respective arguments were aired before the Public Service Commission of West Virginia (“PSC”). In its final order, the PSC awarded the…

2Cases cited33 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Smith v. State Workmen's Compensation CommissionerWest Virginia Supreme Court · 1975
  3. Hudson County Water Co. v. McCarterSupreme Court of the United States · 1908
  4. Appalachian Power Co. v. State Tax DepartmentWest Virginia Supreme Court · 1995
  5. State v. EpperlyWest Virginia Supreme Court · 1951

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3Cited by11 opinions

  1. Subcarrier Communications, Inc. v. NieldWest Virginia Supreme Court · 2005
  2. Clower v. West Virginia Department of Motor VehiclesWest Virginia Supreme Court · 2009
  3. Longwell v. BOE OF COUNTY OF MARSHALLWest Virginia Supreme Court · 2003
  4. Jan-Care Ambulance Service, Inc. v. Public Service CommissionWest Virginia Supreme Court · 1999
  5. Affiliated Construction Trades Foundation v. Public Service CommissionWest Virginia Supreme Court · 2002

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