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SELL v. CHAPLIN

No. 15053.

285 S.E.2d 133 (1981)

Charles C. SELL v. Thomas K. CHAPLIN, Mayor, et al., etc.

Supreme Court of Appeals of West Virginia.

December 10, 1981.

Attorney(s) appearing for the Case

Solomon & Solomon and David L. Solomon, Morgantown, for appellant.

Charles C. Sell, pro se.

McHUGH, Justice:

Thomas K. Chaplin, Mayor of the city of Westover, appeals from a writ of mandamus granted by Monongalia County Circuit Court, prohibiting him from accepting an increase in his salary pursuant to an ordinance approved by the City of Westover on August 4, 1980. The circuit court viewed the attempted pay raise as violative of W.Va.Code, 8-5-12 [1969]. We agree, and accordingly affirm the judgment granting the writ of mandamus.

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