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STATE EX REL. LAMBERT v. CORTELLESSI

Nos. 18958, 18907.

386 S.E.2d 640 (1989)

STATE of West Virginia ex rel. Paul LAMBERT, Clerk of the Circuit Court of McDowell County, West Virginia v. George M. CORTELLESSI, President, Jerry K. Horne, Commissioner, and Robert D. Lewis, Commissioner, of the County Commission of McDowell County, West Virginia. STATE of West Virginia ex rel. Sarah N. HALL, Prosecuting Attorney of McDowell County, West Virginia v. George M. CORTELLESSI, President and Commissioner of the County Commission of McDowell County, West Virginia, Jerry K. Horne and Robert D. Lewis, Commissioners of the County Commission of McDowell County, West Virginia. Robert E. PASLEY, Duly Elected Clerk of the County Commission of Wayne County v. Pearl E. BOOTH, Don W. Bias and Billy J. Wellman, as Duly Elected Members of the County Commission of Wayne County, and the County Commission of Wayne County, a Statutory Corporation.

Supreme Court of Appeals of West Virginia.

November 3, 1989.

Attorney(s) appearing for the Case

Robert L. Godbey, Huntington, for Pearl E. Booth, Don W. Bias, and Billy J. Wellman.

John F. Cyrus, Lockwood, Egnor, Gardner & Cyrus, Huntington, for Robert E. Pasley.

Ben White, II, Princeton, for George M. Cortellessi, Jerry Horne, and Robert Lewis.

Rudolph J. Murensky, II, Murensky and Murensky, Welch, for Paul Lambert, Clerk of Circuit Court, Sarah N. Hall, Pros. Atty.

McHUGH, Justice:

These consolidated appeals raise the issue of when mandamus lies to control a county commission in the exercise of its discretion in fixing the total amount of money to be expended by county officers for staff compensation. By order dated March 24, 1989, this Court summarized our holdings in these appeals to provide prompt guidance to the parties on the budgetary matters involved. We set forth in this opinion in greater detail the reasons for our...

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