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MATKOVICH v. UNIVERSITY HEALTHCARE

No. 15-0597, No. 15-0599.

795 S.E.2d 67 (2016)

Mark W. MATKOVICH, State Tax Commissioner, and Larry A. Hess, Assessor of Berkeley County, West Virginia, Respondents Below, Petitioners v. UNIVERSITY HEALTHCARE FOUNDATION, INC. f/k/a City Hospital Foundation, Inc., Petitioner Below, Respondent. Larry A. Hess, Assessor of Berkeley County, West Virginia, and Mark W. Matkovich, State Tax Commissioner, Respondents Below, Petitioners v. University Healthcare Foundation, Inc. f/k/a City Hospital Foundation, Inc., Petitioner Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: October 11, 2016.

Attorney(s) appearing for the Case

Patrick Morrisey, Esq. , Attorney General, L. Wayne Williams, Esq. , Assistant Attorney General, Charleston, West Virginia, Counsel for Petitioner Matkovich.

Norwood Bentley III, Esq. , Martinsburg, West Virginia, Counsel for Petitioner Hess.

Michael E. Caryl, Esq. , J. Tyler Mayhew, Esq. , Bowles Rice LLP, Martinsburg, West Virginia, Counsel for Respondent.

The petitioners, the State Tax Commissioner ("Commissioner") and the Berkeley County Assessor ("Assessor"), appeal from the May 15, 2015, order of the Circuit Court of Berkeley County, the Business Court Division,1 overruling the denial by both the Assessor

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