The Poseys contend that transfer stations, such as the one conducted by the City of Buckhannon, are not included in the governmental immunity provisions of the Act. Upon careful review, however, and for the reasons set forth herein, this Court finds that contention to be without merit. Accordingly, the order of the circuit court dismissing the complaint is affirmed.
Factual and Procedural Background
The City of Buckhannon owned and operated a Solid Waste Disposal Complex in Upshur County. Although the Complex did not include a refuse dump or sanitary landfill, the City maintained a transfer station at the Complex for the collection of trash and other waste material. Trash and other waste material received at the transfer station were subsequently transported to an out-of-county dump.
Judge(s): Menis E. Ketchum, II
Jurisdiction: West Virginia Supreme Court
Related Categories: Government / Politics
|Supreme Court Judge(s)|
|Menis Ketchum, II|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Bader Giggenbach||Brewer & Giggenbach|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Kristen Antolini||Shuman McCuskey & Slicer PLLC|
|Tamara DeFazio||Shuman McCuskey & Slicer PLLC|