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MYERS v. BARTE

No. 15149.

279 S.E.2d 406 (1981)

Pauline MYERS v. F. Wayne BARTE, City Mgr., Wheeling, W. Va., et al.

Supreme Court of Appeals of West Virginia.

June 16, 1981.

Attorney(s) appearing for the Case

James E. Moliterno, Wheeling, for petitioner.

Ronald M. Musser, Wheeling, for respondents.

MILLER, Justice:

In this original mandamus proceeding, the relator, Pauline Myers, seeks to have the freeholder eligibility requirement for membership on a municipal planning commission declared unconstitutional as a violation of equal protection principles. This provision is found in W.Va.Code, 8-24-5,1 and a similar provision is contained in Section 151.01 of the Code of the City of Wheeling.

Relator relies on several United...

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