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Heaster v. Robinson – PFFB&P wins at the WVSCt

On May 14, 3018 the West Virginia Supreme Court of Appeals unanimously affirmed the decision of a three-judge panel that granted a county commissioner’s motion for judgment as a matter of law at the close of the citizen group’s case-in-chief.  The citizen group sought to remove a County Commissioner under West Virginia Code 6-6-7 for allegations of official misconduct and neglect of duty stemming, primarily, from the County Commissioner’s decision to stop payment of a grant award check to a non-profit business because the commissioner believed the vote was improperly noticed.  The three-judge panel granted our motion for judgment as a matter of law, finding that the citizen group had failed to prove their allegations by clear and convincing evidence. 
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