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STATE v. SPELSBERG

No. 22312.

447 S.E.2d 16 (1994)

191 W.Va. 553

STATE ex rel. CLARKSBURG MUNICIPAL BUILDING COMMISSION and the City Council of the City of Clarksburg, West Virginia, Petitioners, v. David E. SPELSBERG, Secretary of the Clarksburg Municipal Building Commission, Respondent.

Supreme Court of Appeals of West Virginia.

Decided July 18, 1994.

Attorney(s) appearing for the Case

George E. Carenbauer, Vincent A. Collins, Steptoe & Johnson, Clarksburg, for petitioners.

H. Laban White, Peter J. Conley, Siegrist, Spelsberg, White, Martin & Conley, Clarksburg, for respondent.

NEELY, Justice:

The Clarksburg Municipal Building Commission (the Commission), and the City Council of the City of Clarksburg (the Council), seek a writ of mandamus to compel the respondent, David E. Spelsberg, Secretary of the Building Commission, to execute, on behalf of the City of Clarksburg, an Agreement and Lease (the Agreement), between the City of Clarksburg and the Clarksburg Municipal Building Commission.

The City Council determined that the existing...

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