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COUNTY COM'N OF GREENBRIER CTY. v. CUMMINGS

No. 11-1035.

720 S.E.2d 587 (2011)

COUNTY COMMISSION OF GREENBRIER COUNTY, West Virginia, Petitioner v. Honorable John L. CUMMINGS and James W. Childers, Sheriff of Greenbrier County, West Virginia, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 10, 2011.

Attorney(s) appearing for the Case

Marvin W. Masters , April D. Ferrebee , The Masters Law Firm, LC, Charleston, WV, for Petitioner.

John R. Teare, Jr. , Spilman, Thomas & Battle, PLLC, Charleston, WV, for Respondents.

McHUGH, Justice:

The County Commission of Greenbrier County ("Commission") seeks a writ of prohibition in connection with the issuance of a writ of mandamus against it by the Honorable John L. Cummings on May 20, 2011. After finding that the Commission acted arbitrarily and capriciously by reducing the budget of Respondent James W. Childers, Sheriff of Greenbrier County ("Sheriff'), the trial court directed the Commission to: 1) allocate sufficient funds in the fiscal...

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