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SHEPHERDSTOWN OBSERVER, INC. v. MAGHAN

No. 35446.

700 S.E.2d 805 (2010)

The SHEPHERDSTOWN OBSERVER, INC., Plaintiff Below, Appellant v. Jennifer MAGHAN, Clerk of the County Commission of Jefferson County, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided September 23, 2010.

Attorney(s) appearing for the Case

Stephen G. Skinner, Esq. , Skinner Law Firm, Charles Town, WV, Patrick McGinley, Esq. , Morgantown, WV, for Appellant.

Stephanie F. Grove, Esq. , Assistant Prosecuting Attorney, Charles Town, WV, for Appellee.

Joseph G. Thompson , Harpers Ferry, WV, Amicus Curiae.

Troy N. Giatras, Esq. , The Giatras Law Firm, PLLC, Charleston, WV, for Amici The Reporters Committee for Freedom of the Press and the Society of Professional Journalists.

KETCHUM, J.:

The Shepherdstown Observer (hereafter "the Observer") appeals an order of the Circuit Court of Jefferson County dismissing its civil complaint against Jennifer Maghan, in her capacity as the Clerk of the County Commission of Jefferson County ("County Clerk" or "Clerk"). For the reasons set forth herein, we reverse the Circuit Court of Jefferson County and remand this matter for further proceedings consistent with this opinion.

I. Factual Background...

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