Velogol v. City of Weirton

Summary

The Supreme Court of Appeals of West Virginia dismissed as moot an appeal challenging a City of Weirton ordinance imposing a police and fire service fee. The court held that the city's amendment and reenactment of the ordinance cured the challenged substantive and procedural defects, making review of the original ordinance futile.

Holdings

1. The City's amendment and reenactment of Ordinance 1288 rendered the appeal moot because adjudicating the validity of the original ordinance would have no practical effect after the alleged substantive and procedural defects were cured.
2. The court declined to reach the merits under the capable-of-repetition-yet-evading-review exception and dismissed the appeal as moot.

Questions Presented

1. Whether the appeal challenging the original version of Weirton Ordinance 1288 became moot after the City amended and reenacted the ordinance.
2. Whether the court should decide the ordinance's procedural and substantive validity despite mootness under the capable-of-repetition-yet-evading-review exception.

Disposition

dismissed