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FARLEY v. WORLEY

No. 31629.

599 S.E.2d 835 (2004)

215 W.Va. 412

Jeff FARLEY, Appellant, Plaintiff below, v. Mayor Harold WORLEY, in His Official Capacity as Mayor for the City of Mullens, and the City of Mullens, Appellees, Defendants below.

Supreme Court of Appeals of West Virginia.

Decided June 23, 2004.

Concurring and Dissenting Opinion of Justice Starcher June 25, 2004.

Attorney(s) appearing for the Case

Jason E. Huber, Foreman & Huber, Charleston, West Virginia, Attorney for the Appellant.

W. Richard Staton, Moler & Staton, L.C., Jessica L. Toler, Mullens, West Virginia, Attorneys for the Appellees.

DAVIS, Justice:

Jeff Farley (hereinafter "Mr. Farley") appeals a denial of attorneys fees in a Freedom of Information Act (hereinafter "FOIA") case he filed against the City of Mullens and its Mayor, Harold Worley (hereinafter collectively referred to as "the City"). Having read the briefs, reviewed the record, examined the authorities, and heard argument, we reverse the circuit court's decision and remand this case for an award of an appropriate amount of attorney...

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