Buzzo v. City of Fairmont

WORKMAN, Justice.

This case is before the Court upon the appeal of Otis Ted Buzzo from the July 7, 1987, Final Order of the Marion County Circuit Court in which the court ruled, based on a declaratory judgment action, that the appellant’s property, consisting of two electronic video poker machines, were illegal per se and ordered the two machines destroyed pursuant to W. Va.Code § 61-10-1 [1970]. The only assignment of error made by the appellant is that the trial court erred in this ruling. We reverse the decision of the lower court and hold that the electronic video poker machines are not…