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STATE EX REL. STATE LINE SPARKLER v. TEACH

No. 20908.

418 S.E.2d 585 (1992)

STATE of West Virginia ex rel. STATE LINE SPARKLER OF WV, LTD.; R. Robert Kirk; and Jerry G. Kirk, Petitioners Below, Appellees, v. William J. "Bucky" TEACH, Hon. Joan v. Bragg, Ruth Donaldson, and Harold E. Darlington, Magistrates of Berkeley County, Respondents Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided May 15, 1992.

Rehearing Denied June 24, 1992.

Attorney(s) appearing for the Case

Michael L. Scales, Greenberg & Scales, Martinsburg, for appellees.

Pamela Jean Games-Neely, Janet L. Scalia, Asst. Pros. Attys., for Berkeley County, Martinsburg, for appellants.

MILLER, Justice:

This is an appeal of a final order of the Circuit Court of Berkeley County which granted the petitioners below a writ of prohibition to prevent respondent William J. "Bucky" Teach from obtaining and the respondent magistrates from issuing criminal warrants to enforce provisions of the Berkeley County Building Code. The circuit court ruled that because the statutes authorizing county commissions to adopt...

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