# State Ex Rel. City of Charles Town v. County Commission of Jefferson County

> West Virginia Supreme Court · October 26, 2007 · 221 W. Va. 317

URL: https://www.frixlaw.com/law-library/cases/9568147

## Case

- **Full name:** STATE of West Virginia Ex Rel. CITY OF CHARLES TOWN, Petitioner, v. the COUNTY COMMISSION OF JEFFERSON COUNTY, a Public Body Corporate of the State of West Virginia; And Frances B. Morgan, President and Member; Archibald M.S. Morgan, III, Member; C. Dale Manuel, Member; James T. Sutkamp, Member; And Gregory A. Corliss, Member; And Jennifer Maghan, Clerk, County Commission of Jefferson County, Respondents; And State of West Virginia Ex Rel. City of Charles Town, Petitioner, v. the County Commission of Jefferson County, a Public Body Corporate of the State of West Virginia; And Frances B. Morgan, President and Member; Archibald M.S. Morgan, III, Member; C. Dale Manuel, Member; James T. Sutkamp, Member; And Gregory A. Corliss, Member; And Jennifer Maghan, Clerk, County Commission of Jefferson County, Respondents; And State of West Virginia Ex Rel. First Charles Town Group, Inc., a West Virginia Corporation; Charles Town Limited, Partnership VI, a West Virginia Limited Partnership; Harry M. Kable and Carol F. Kable, Husband and Wife; Larry R. Fritts, Sr.; And Richard W. Weese and Maria v. Weese, Husband and Wife, Petitioners, v. the County Commission of Jefferson County, a Public Body Corporate of the State of West Virginia; And Frances B. Morgan, President and Member; Archibald M.S. Morgan, III, Member; C. Dale Manuel, Member; James T. Sutkamp, Member; And Gregory A. Corliss, Member; And Jennifer Maghan, Clerk, County Commission of Jefferson County, Respondents; And State of West Virginia Ex Rel. New Vision Properties II, Inc., a West Virginia Corporation; Michael C. Goode, Sr., and Sylvia D. Goode Husband and Wife; And John J. Gervasi and Linda S. Gervasi, Husband and Wife, Petitioners, v. the County Commission of Jefferson County, a Public Body Corporate of the State of West Virginia; And Frances B. Morgan, President and Member; Archibald M.S. Morgan, III, Member; C. Dale Manuel, Member; James T. Sutkamp, Member; And Gregory A. Corliss, Member; And Jennifer Maghan, Clerk, County Commission of Jefferson County, Respondents
- **Court:** West Virginia Supreme Court
- **Decided:** October 26, 2007
- **Citations:** 221 W. Va. 317; 655 S.E.2d 63
- **Precedential status:** Published
- **Opinion:** Concurrence by Benjamin
- **Judges:** Starcher, Albright, Benjamin
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9568147

## Opinion text

BENJAMIN, Justice,
concurring:
I agree with the majority that a county commission does not have the discretion to refuse to enter an annexation order when a municipality has certified that the annexation petition is sufficient. However, I write separately to emphasize that a county commission is not without remedy where it is alleged that a municipality has approved an annexation petition that may not meet statutory requirements regarding the requisite number of petitioners requesting annexation of the territory. West Virginia Code § 8-6-4(c) (2001), specifically provides:
The determination that the requisite number of petitioners have filed the required petitions shall be reviewable by the circuit court of the county in which the municipality or the major portion of the territory thereof, including the area proposed to be annexed is located, upon certiorari to the governing body in accordance with the provisions of article three, chapter fifty-three of this code.
*327 Thus, instead of simply refusing to enter the annexation order, the County Commission of Jefferson County should have challenged the City of Charles Town’s approval of the annexation petition in circuit court. Under our law, it was for the circuit court, not the county commission, to determine if the City of Charles Town improperly certified or approved the annexation petition.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9568147. Public record. Not legal advice.