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State ex rel. Justice v. King
West Virginia Supreme Court of Appeals
852 S.E.2d 292 (2020)
- Written by Sean Carroll, JD
Facts
The West Virginia Constitution contained a provision requiring the governor to “reside at the seat of government” during his or her term. Governor James Conley Justice, II (defendant) was not residing at the governor’s mansion in Charleston, West Virginia. Isaac Sponaugle, III (plaintiff) filed a petition for writ of mandamus, asking the circuit court to order Justice to reside at the mansion. Justice filed a motion to dismiss. The circuit court denied the motion. Justice appealed, seeking a writ of prohibition prohibiting the circuit court from issuing the writ of mandamus. Justice argued, among other things, that the word “reside” was subject to his discretion as the governor.
Rule of Law
Issue
Holding and Reasoning (Jenkins, J.)
Dissent (Hutchison, J.)
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