Transport Motor Express, Inc. v. Public Service Commission

West Virginia Court of Claims

Transport Motor Express, Inc. v. Public Service Commission

12 Ct. Cl. 192

CourtWest Virginia Court of Claims

DecidedOctober 11, 1978

DocketNo. CC-78-4

StatusPublished

This text of 12 Ct. Cl. 192 (Transport Motor Express, Inc. v. Public Service Commission) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Transport Motor Express, Inc. v. Public Service Commission, 12 Ct. Cl. 192 (W. Va. Super. Ct. 1978).

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Opinion

PER CURIAM:

This claim was submitted upon the pleadings. It is admitted by the respondent that the claimant inadvertently duplicated [193]*193and twice paid the sum of $837.00 for an order of 279 Uniform Vehicle Identification Stamps at the rate of $3.00 per vehicle. It is the position of the respondent that West Virginia Code §ll-l-2a, providing for refund of taxes erroneously collected, is limited to taxes and cannot be extended by interpretation to fees such as this; hence, the claimant can recover its inadvertent second payment only through an award in this Court. See 46 Op. Att’y- Gen. 253 (1955). It is readily apparent that an award in the sum of $837.00 should be, and it is hereby, made.

Award of $837.00.

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PER CURIAM:

This claim was submitted upon the pleadings. It is admitted by the respondent that the claimant inadvertently duplicated [193]*193and twice paid the sum of $837.00 for an order of 279 Uniform Vehicle Identification Stamps at the rate of $3.00 per vehicle. It is the position of the respondent that West Virginia Code §ll-l-2a, providing for refund of taxes erroneously collected, is limited to taxes and cannot be extended by interpretation to fees such as this; hence, the claimant can recover its inadvertent second payment only through an award in this Court. See 46 Op. Att’y- Gen. 253 (1955). It is readily apparent that an award in the sum of $837.00 should be, and it is hereby, made.

Award of $837.00.

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Bluebook (online)

12 Ct. Cl. 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/transport-motor-express-inc-v-public-service-commission-wvctcl-1978.