Feroleto Steel Co. v. Thomas A. Oughton, Assessor

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Petitioner, Feroleto Steel Co., Inc., appeals the circuit court's order granting summary judgment in favor of respondents, the West Virginia State Tax Commissioner, the Brooke County Commission, and the Brooke County Assessor. The circuit court ruled that petitioner's inventory of steel coils, which are cut to precise custom measurements and then shipped out-of-state, are not exempt from an ad valorem tax under Article X, § 1c of the West Virginia Constitution (commonly called the "Freeport Amendment") and West Virginia Code §§ 11-5-13 and -13a (which codify the Freeport Amendment and require it to be liberally construed in favor of the taxpayer), because cutting the steel coil creates a "new or different product" or a "different utility."