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MILLER v. COUNTY COM'N OF BOONE COUNTY

No. 28199.

539 S.E.2d 770 (2000)

Jennings MILLER, Petitioner Below, Appellee, v. The COUNTY COMMISSION OF BOONE COUNTY, West Virginia; Gene Kuhn, President; Gordon Eversole, Commissioner; J.M. "Mickey" Protan, Commissioner, Respondents Below, v. Roger L. Weaver, Intervenor and Counter Petitioner Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 2, 2000.

Attorney(s) appearing for the Case

Brent W. Wolfinbarger, Esquire, Charleston, West Virginia, Attorney for Appellee Miller.

Richard Riffe, Prosecuting Attorney, Madison, West Virginia, Attorney for the Boone County Commission.

John R. Mitchell, Sr., Esquire, E. Dixon Ericson, Esquire, John R. Mitchell, Jr., Esquire, Charleston, West Virginia, Attorneys for Appellant Weaver.

SCOTT, Justice:

This case is before the Court upon the appeal of Roger L. Weaver from the July 20, 2000, final order of the Circuit Court of Boone County, West Virginia, awarding a writ of prohibition which prohibited the County Commission of Boone County ("County Commission" and "Board of Canvassers") from hearing the Appellant's protest of the results of the May 2000 primary election for Assessor of Boone County ("Assessor...

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