Foster Foundation v. Glen B. Gainer, III, WV State Auditor

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Petitioner brings a Petition for Writ of Certiorari from an Order of the Court of Claims entered on October 15, 2009. The Court of Claims' order denied the Petitioner claim seeking the return of $457,386.79 in "certificate" fees collected by the State Auditor in violation of the statutory provisions that authorized the assessment and collection of such fees. The Court of Claims asserted that the State Auditor erroneously accrued interest and certificate fees on a contested tax assessment against the Petitioner. The Court of Claims refused to order the State Auditor to reimburse Petitioner for those fees.