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STATE EX REL. EDWARDS v. GIBSON

No. 34159.

680 S.E.2d 21 (2009)

STATE of West Virginia ex rel. Scott EDWARDS, Petitioner Below, Appellee v. Linda L. GIBSON, Recorder for the City of Hurricane, Putnam County, West Virginia; Donald E. Chaney; William R. Billups; C. Brian Ellis, Patricia D. Hager; and Lana M. Call, Members of the City Council of the City of Hurricane, Putnam County, West Virginia, Defendants Below, Appellees Sam E. Cole, Intervenor Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided February 27, 2009.

Attorney(s) appearing for the Case

David O. Moye, Lisa M. Moye, Hurricane, for Appellant.

Harvey D. Peyton, Peyton Law Firm, Nitro, for Appellee, Scott Edwards.

McHUGH, Senior Status Justice:1

Sam Cole appeals from the November 21, 2007, order entered by the Circuit Court of Putnam County through which a writ of prohibition was granted upon the petition of Appellee Scott Edwards to prevent the City Council of Hurricane ("City Council") from holding a hearing on an election contest petition filed by Mr. Cole. Appellant seeks a ruling from this Court that the circuit court's decision to issue the...

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