WEST VIRGINIA TRUST FUND, INC., a West Virginia Non-Stock, Non-Profit Corporation, as Trustee, Petitioner Below, Appellant,
v.
Honorable Larrie BAILEY, Treasurer of the State of West Virginia, Respondent Below, Appellee.
STATE of West Virginia, ex rel. Honorable Darrell V. McGRAW, Jr., in his Official Capacity as the Attorney General of West Virginia, Petitioner Below, Appellee,
v.
WEST VIRGINIA TRUST FUND, INC., a West Virginia Corporation; and David Gardner, Chairman, West Virginia Trust Fund, Inc., Respondents Below, Appellants.
Stanley L. KLOS, Petitioner Below, Appellee,
v.
Honorable Larrie BAILEY, Treasurer of West Virginia, Respondent Below, Appellee.
STATE of West Virginia, ex rel. Stanley L. KLOS, Petitioner Below, Appellee,
v.
WEST VIRGINIA BOARD OF INVESTMENTS, a Body Corporate of the State of West Virginia, Respondent Below, Appellee, and
West Virginia Trust Fund, Inc., a West Virginia Corporation, Respondent Below, Appellant.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted February 25, 1997.
Decided March 28, 1997.
Attorney(s) appearing for the Case
James K. Brown, and Wendel B. Turner, Jackson & Kelly, Charleston, for Appellants West Virginia Trust Fund, Inc., and David Gardner.
Daynus Jividen, Senior Assistant Attorney General, for Appellee Larrie Bailey.
Deborah L. McHenry, Managing Deputy Attorney General and Rory L. Perry, II, Assistant Attorney General, for Appellee Darrell V. McGraw, Jr.
David J. Sims, Yahn & Sims, Wheeling, for Appellee Stanley L. Klos.
David L. Wyant, Shuman, Annand & Poe, Charleston, for Appellee Board of Investments.
Thomas J. Gillooly, Charleston, for Amici Curiae, The West Virginia Public Employees Retirement System Assoc., Inc., The West Virginia Assoc. of Counties, and The West Virginia Federation of Teachers.
Gary G. Markham and Kenneth G. Webb, Jr., Bowles, Rice, McDavid, Graff & Love, Charleston, for Amicus Curiae, Consolidated Public Retirement Board.
Marvin W. Masters and Richard A. Monahan, Masters & Taylor, L.C., Charleston, for Amicus Curiae, West Virginia Troopers Association.
Thomas A. Heywood, Bowles, Rice, McDavid, Graff & Love, Charleston, for Amicus Curiae, West Virginia Business & Industry Council.
William B. McGinley, Charleston, for Amicus Curiae, West Virginia Education Association.
Alison E. Patient, Charleston, Jennifer B. Walker, and M.E. "Mike" Mowery, for Amicus Curiae, West Virginia Legislature, President Earl Ray Tomblin and Speaker Robert Kiss.
Supreme Court of Appeals of West Virginia.
STARCHER, Justice:
These four consolidated actions require us to interpret West Virginia Constitution, Article X, section 6, the constitutional prohibition against the State becoming a joint owner or stockholder in any company or association. In its 1996 session, the Legislature enacted the West Virginia Trust Fund Act, W.Va. Code, 44-6B-1 to -12, ("the Act") in an attempt to reconcile this restriction with the legislative goal of promoting the fiscal...
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