Sept. 17, 2010
Commission Challenging State Home Rule, if Home Rule Board Passes Revised Huntington Plan
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – The Cabell County Commission is on board challenging Huntington’s occupation tax ordinance in court, but with a curve ball: They do not want to sue the City of Huntington. Instead, the complaint will seek injunctive relief (blocking collection of the tax) and challenge the concepts constitutionality under the WV Constitution.
However, the complaint will not be filed until after the state’s Home Rule Board members approve Huntington’s revisions.
“Our concern from day one was the constitutionality of this bill,” said Del. Kelli Sobonya at the opening of Cabell County GOP headquarters in downtown Huntington. “[Del. Carol Miller and I] do not feel they can cherry pick and give privileges to a few municipalities.”
The Huntington insurance ordinance would have allowed the city to “capture 15%, if anyone had the misfortune of losing their home or business, and hold it back until the property owner remedied the [destroyed] house to [Huntington’s] standard.
Sobonya sees tentative parallels to the fire insurance proceeds ordinance passed under Huntington’s home rule. After passage, the Insurance Federation filed a suit questioning not simply the interference with a private insurance contract but the constitutionality of the pilot program.
A Federation news release stated: “The lawsuit alleges that the ordinance exceeds the constitutional authority granted to Huntington through the state's new Home Rule Pilot Program. The new ordinance conflicts with state law because state law does not allow an insurer to withhold any proceeds from an insurance contract.”
“If that’s the case, Del. Miller and I were correct because the governor called us in [to a special legislative session] quickly , once there was an injunction in place, In that bill, they reduced it to 10%. [After] the governor called us into special session, the fire insurance liens didn’t just address Huntington any longer. It went statewide , which would make that provision constitutional,” Sobonya said.
“In my mind that was an attempt by the administration to have that [constitutionality] question asked and answered.”
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Commission Challenging State Home Rule, if Home Rule Board Passes Revised Huntington Plan
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – The Cabell County Commission is on board challenging Huntington’s occupation tax ordinance in court, but with a curve ball: They do not want to sue the City of Huntington. Instead, the complaint will seek injunctive relief (blocking collection of the tax) and challenge the concepts constitutionality under the WV Constitution.
However, the complaint will not be filed until after the state’s Home Rule Board members approve Huntington’s revisions.
“Our concern from day one was the constitutionality of this bill,” said Del. Kelli Sobonya at the opening of Cabell County GOP headquarters in downtown Huntington. “[Del. Carol Miller and I] do not feel they can cherry pick and give privileges to a few municipalities.”
The Huntington insurance ordinance would have allowed the city to “capture 15%, if anyone had the misfortune of losing their home or business, and hold it back until the property owner remedied the [destroyed] house to [Huntington’s] standard.
Sobonya sees tentative parallels to the fire insurance proceeds ordinance passed under Huntington’s home rule. After passage, the Insurance Federation filed a suit questioning not simply the interference with a private insurance contract but the constitutionality of the pilot program.
A Federation news release stated: “The lawsuit alleges that the ordinance exceeds the constitutional authority granted to Huntington through the state's new Home Rule Pilot Program. The new ordinance conflicts with state law because state law does not allow an insurer to withhold any proceeds from an insurance contract.”
“If that’s the case, Del. Miller and I were correct because the governor called us in [to a special legislative session] quickly , once there was an injunction in place, In that bill, they reduced it to 10%. [After] the governor called us into special session, the fire insurance liens didn’t just address Huntington any longer. It went statewide , which would make that provision constitutional,” Sobonya said.
“In my mind that was an attempt by the administration to have that [constitutionality] question asked and answered.”
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