State ex rel. Charles Town v. County Com'n
| Decision Date | 26 October 2007 |
| Docket Number | No. 33457.,No. 33456.,No. 33455.,No. 33454.,33454.,33455.,33456.,33457. |
| Court | West Virginia Supreme Court |
| Parties | STATE of West Virginia ex rel. CITY OF CHARLES TOWN, Petitioner, v. The COUNTY COMMISSION OF JEFFERSON COUNTY, a Public Body Corporate of the State of West Virginia; and Frances B. Morgan, President and Member; Archibald M.S. Morgan, III, Member; C. Dale Manuel, Member; James T. Sutkamp, Member; and Gregory A. Corliss, Member; and Jennifer Maghan, Clerk, County Commission of Jefferson County, Respondents. and State of West Virginia ex rel. City of Charles Town, Petitioner, v. The County Commission of Jefferson County, a Public Body Corporate of the State of West Virginia; and Frances B. Morgan, President and Member; Archibald M.S. Morgan, III, Member; C. Dale Manuel, Member; James T. Sutkamp, Member; and Gregory A. Corliss, Member; and Jennifer Maghan, Clerk, County Commission of Jefferson County, Respondents. and State of West Virginia ex rel. First Charles Town Group, Inc., a West Virginia Corporation; Charles Town Limited, Partnership VI, a West Virginia Limited Partnership; Harry M. Kable and Carol F. Kable, Husband and Wife; Larry R. Fritts, Sr.; and Richard W. Weese and Maria V. Weese, Husband and Wife, Petitioners, v. The County Commission of Jefferson County, a Public Body Corporate of the State of West Virginia; and Frances B. Morgan, President and Member; Archibald M.S. Morgan, III, Member; C. Dale Manuel, Member; James T. Sutkamp, Member; and Gregory A. Corliss, Member; and Jennifer Maghan, Clerk, County Commission of Jefferson County, Respondents. and State of West Virginia ex rel. New Vision Properties II, Inc., a West Virginia Corporation; Michael C. Goode, Sr., and Sylvia D. Goode Husband and Wife; and John J. Gervasi and Linda S. Gervasi, Husband and Wife, Petitioners, v. The County Commission of Jefferson County, a Public Body Corporate of the State of West Virginia; and Frances B. Morgan, President and Member; Archibald M.S. Morgan, III, Member; C. Dale Manuel, Member; James T. Sutkamp, Member; and Gregory A. Corliss, Member; and Jennifer Maghan, Clerk, County Commission of Jefferson County, Respondents. |
Syllabus by the Court
3. "The powers exercised by a county commission with regard to municipal annexation are wholly statutory and it can exercise no other powers except those implicit in the specific grant." Syllabus Point 2, Matter of City of Morgantown, 159 W.Va. 788, 226 S.E.2d 900 (1976).
4. "Where the language of a statute is clear and without ambiguity the plain meaning is to be accepted without resorting to the rules of interpretation." Syllabus Point 2, State v. Elder, 152 W.Va. 571, 165 S.E.2d 108 (1968).
5. Syllabus Point 5, Rogers v. Hechler, 176 W.Va. 713, 348 S.E.2d 299 (1986).
6. "A county commission . . . has no interest, personal or official, in the municipal annexation matters which come before it other than to administer the law[.]" Syllabus Point 5, in part, Matter of City of Morgantown, 159 W.Va. 788, 226 S.E.2d 900 (1976).
Ellen S. Cappellanti, Esquire, William J. Powell, Esquire, Jackson Kelly PLLC, Charleston, WV and James B. Crawford, III, Esquire, Crawford & Keller PLLC, Charles Town, WV, for City of Charles Town.
Peter L. Chakmakian, Esquire, Alice Anne Chakmakian, Esquire, Charles Town, WV, for First Charles Town Group, Inc.; Charles Town Limited Partnership VI; Harry and Carol Kable; Larry Fritts, Sr.; Richard and Maria Weese; New Vision Properties II, Inc.; Michael and Sylvia Goode; and John and Linda Gervasi.
Michael D. Thompson, Esquire, Prosecuting Attorney, Stephanie F. Grove, Esquire, Assistant Prosecuting Attorney, James Casimiro, III, Assistant Prosecuting Attorney, Office of Prosecuting Attorney of Jefferson County, Charles Town, WV, for County Commission of Jefferson County; Frances B. Morgan; Archibald M.S. Morgan, III; C. Dale Manuel; James T. Sutkamp; Gregory A. Corliss; and Jennifer Maghan.
Andrew P. Blake, Esquire, Ranson, WV, for Amicus Curiae, City of Ranson.
Dennis R. Vaughan, Jr., Esquire, Charleston, WV, for Amicus Curiae, West Virginia Municipal League, Inc.
Richard G. Gay, Esquire, Nathan P. Cochran, Esquire, Law Office of Richard Gay, LC, Berkeley Springs, WV, for Amicus Curiae, Contract Purchasers of Lots in the Windmill Crossing Subdivision Owned by New Vision Properties, Inc.
These four consolidated cases are before this Court upon petitions for a writ of mandamus filed by the City of Charles Town; First Charles Town Group, Inc.; Charles Town Limited Partnership VI; Harry and Carol Kable; Larry Fritts, Sr.; Richard and Maria Weese; New Vision Properties, II, Inc.; Michael and Sylvia Goode; and John and Linda Gervasi (hereinafter collectively referred to as "petitioners") against the County Commission of Jefferson County; its members, Frances B. Morgan, Archibald M.S. Morgan, III, C. Dale Manuel, James T. Sutkamp, and Gregory A. Corliss; and Jennifer Maghan, Clerk of the County Commission of Jefferson County (hereinafter collectively referred to as "respondents")The petitioners seek to compel the respondents to enter two Annexation Orders incorporating certain parcels of land into the corporate limits of the City of Charles Town. Having carefully considered the petitions for a writ of mandamus, the responses thereto, and the parties' arguments,1 this Court grants the requested writ of mandamus.
Pursuant to W.Va. Code § 8-6-4 (2001),2 the owners of certain parcels of land located in Jefferson County, West Virginia, sought to have their property annexed by the City of Charles Town. Accordingly, two ordinances were proposed in January 2007. One of the proposed ordinances pertained to the annexation of six parcels of land which are owned by Charles Town Limited Partnership VI, First Charles Town Group, Inc., Richard and Maria Weese, Harry and Carol Kable, and Larry Fritts, Sr. The other proposed ordinance concerned the annexation of seventeen parcels of land which are owned by New Vision Properties II, Inc., Michael and Sylvia Goode, and John and Linda Gervasi.
Both ordinances were first read at a meeting of the City Council of Charles Town on January 16, 2007. The second reading of the ordinance concerning the seventeen parcels of land occurred on February 5, 2007, at a meeting of the City Council, and at that time, passage of the ordinance was certified because it was determined that the petition was made by a majority of freeholders and a majority of qualified voters within the additional territory to be annexed in accordance with the requirements of W.Va.Code § 8-6-4(a).3 Accordingly, the ordinance was entered into the City's journal as required by W.Va.Code § 8-6-4(g).4 The second reading of the ordinance pertaining to the six parcels of land occurred on February 20, 2007, at a meeting of the City Council, and at that time, passage of the ordinance was certified because it was again determined that the petition was made by a majority of freeholders and a majority of qualified voters within the additional territory to be annexed. The ordinance was also entered into the City's journal.
On March 8, 2007, a proposed order was provided to the County Commission of Jefferson County approving and confirming the annexation of the seventeen parcels of land. On April 12, 2007, a proposed order was provided to the County Commission of Jefferson County approving and confirming the annexation of the six parcels of land. Both orders were provided to the County Commission for entry in accordance with the provisions of W.Va.Code §§ 8-6-3 and 8-6-4.5 Thereafter, the County Commission refused to enter the orders. On May 1 and 2, 2007, these petitions for a writ of mandamus were filed with this Court.
As set forth above, the petitioners seek a writ of mandamus directing the County Commission of Jefferson County to enter the Annexation Orders at issue. This Court has long held that, " ." Syllabus Point 2, State ex rel. Public Service Comm'n of West Virginia v. Town of Fayetteville, Municipal Water Works, 212 W.Va. 427, 573 S.E.2d 338 (2002). It is well-established, however, that:
"A writ of mandamus will not issue unless three elements coexist — (1) a clear legal right in the petitioner to the relief sought; (2) a legal duty on the part...
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