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STATE EX REL. PARKWAYS AUTHORITY v. BARR

No. 35757.

716 S.E.2d 689 (2011)

STATE of West Virginia ex rel. WEST VIRGINIA PARKWAYS AUTHORITY, Erica M. Mani, in her official capacity as Chairman Designee of the West Virginia Parkways Authority, and Cameron Lewis, in his official capacity as Vice Chairman of the West Virginia Parkways Authority, Petitioners v. Gregory C. BARR, in his official capacity as General Manager of the West Virginia Parkways Authority, County Commission of Mason County, West Virginia; Miles S. Epling, in his official capacity as President of the Mason County Commission; Robert C. Baird, in his official capacity as Commissioner of the Mason County Commission; and Rick L. Handley, in his official capacity as Commissioner of the Mason County Commission, Respondents.

Supreme Court of Appeals of West Virginia.

Decided March 1, 2011.

Attorney(s) appearing for the Case

James S. Crockett, Jr., Esq. , Roger D. Hunter, Esq. , Timothy D. Houston, Esq. , Spilman, Thomas & Battle, PLLC, Charleston, WV, for Petitioners.

Herschel H. Rose, Esq. , Steven R. Broadwater, Esq. , Rose Law Office, Charleston, WV, for Respondent Gregory C. Barr .

Damon B. Morgan, Jr., Esq. , Prosecuting Attorney for Mason County, Point Pleasant, WV, for Respondents County Commission of Mason County, West Virginia; Miles S. Epling; Robert C. Baird; and Rick L. Handley.

Vincent Trivelli, Esq. , The Law Office of Vincent Trivelli, PLLC, Morgantown, WV, for Amicus Curiae the West Virginia State Building and Construction Trades Council, AFL-CIO.

C. Eugene Zopp , Ph.D., Mason County Resident, Gallipolis Ferry, WV, Pro se Amicus Curiae.

WORKMAN, Chief Justice:

In this original jurisdiction action, the petitioners, the West Virginia Parkways Authority, Erica M. Mani, in her official capacity as Chairman Designee of the West Virginia Parkways Authority, and Cameron Lewis, in his official capacity as Vice Chairman of the West Virginia Parkways Authority (jointly "Petitioners"), sought a writ of mandamus against the respondents, the County Commission of Mason County, West Virginia, Miles S. Epling, in...

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