Legal Opinion
Kingmill Valley Public Service District v. Riverview Estates Mobile Home Park, Inc.
West Virginia Supreme Court
Decided October 27, 1989No. 19018PublishedCited by 4 opinions
1Opinion of the Court
MILLER, Justice.
We address the question of whether the owner of a private sewer system who has been compelled to join the sewer lines of a public service district (PSD) may claim that the disuse of its system constitutes a de facto taking and recover its value from the PSD.
This issue arose when the Kingmill Valley PSD sued Riverview Estates Mobile Home Park, Inc. (Riverview) and R.E.S., Inc. 1 in the Circuit Court of Marion County to collect unpaid sewer fee charges. The PSD had previously ordered Riverview to abandon its private sewer system and to connect to the PSD’s lines pursuant to…
2Cases cited22 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
- Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
- Hodel v. IrvingSupreme Court of the United States · 1987
- Long v. City of WeirtonWest Virginia Supreme Court · 1975
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3Cited by4 opinions
- McClung Investments, Inc. v. Green Valley Community Public Service DistrictWest Virginia Supreme Court · 1997
- Croke v. Southgate Sewer Dist.Mississippi Supreme Court · 2003
- Buda v. Town of MasontownWest Virginia Supreme Court · 2005
- Douglas Croke v. Southgate Sewer DistrictMississippi Supreme Court · 2002