West Virginia
West Virginia County Must Face Ambulance Fee Ordinance Suit
A West Virginia county must continue facing a suit challenging its emergency ambulance fee ordinance, after a district court found the plaintiffs sufficiently alleged the law may violate the commerce clause.
Judge Thomas S. Kleeh denied the Tucker County Commission’s motion to dismiss on Tuesday in a case brought by Timberline Mountain Operations LLC, a local ski resort. Each of the plaintiffs’ claims can move forward, including their state law claims over which the US District Court for the Northern District of West Virginia retained supplemental jurisdiction.
Three companies are contesting Tucker County’s ambulance fee ordinance, which imposes a 2% …