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Important West Virginia Supreme Court of Appeals Decision Affirms Law on Taxation and Leasehold Interests
Spilman recently had a victory at the West Virginia Supreme Court of Appeals for our client in a dispute with the Monongalia County Assessor regarding how to assess the client's leasehold interest in a student-housing development owned and operated by a public university. The client's position that its leasehold interest had no assessable value under the Maplewood framework was upheld by the Court, affirming West Virginia law on taxation of leasehold interests and providing guidance on what it means for a leasehold to be "freely assignable" and a "bargain lease." This decision has positive implications for West Virginia's economic development efforts that have lured more than $1 billion in capital investment and created 3,000 jobs.
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Appellate Litigation Business Expansion & Development Litigation Real Estate State & Local Taxation Joseph V. Schaeffer
304.291.7952
jschaeffer@spilmanlaw.com James A. Walls
304.291.7947
jwalls@spilmanlaw.com