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PEYTON v. CITY COUNCIL OF LEWISBURG

No. 19203.

387 S.E.2d 532 (1989)

Angus E. PEYTON and James F.B. Peyton v. CITY COUNCIL OF the CITY OF LEWISBURG; Joseph C. Turley, Michael McClung, William Goodwin, Paul Cooley and Thomas Campbell, Members of the City Council of Lewisburg.

Supreme Court of Appeals of West Virginia.

November 30, 1989.

Attorney(s) appearing for the Case

Charles E. McElwee, Charleston, for Peyton.

Jesse O. Guills, Jr., Paul S. Detch, Richard H. Lorensen, Pros. Atty., Lewisburg, for City of Lewisburg.

MILLER, Justice:

We accepted this certified question to determine whether the population requirements prescribed by W.Va.Code, 8-2-1 (1969), apply to territorial annexations by municipalities under the provisions of W.Va.Code, 8-6-4 (1969).

There are three methods whereby territory may be annexed by a municipality: (1) annexation by minor boundary adjustment; 1 (2) annexation by election;2 and (3) annexation...

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