COUNTY COMMISSION POWERS - LEGAL BASIS:

• Marion V. McFillan, Jr. v. Berkeley County Planning Commission - EMINENT DOMAIN
  December 13, 1993
  No. 21667 - 438 S.E. 2d 801- Judgement - citing the Fifth Amendment to the United States Constitution or Section 9 of Article III of the West Virginia Constitution   "... Regulations do not deny the plaintiff all economic use of his land ..."
  10 pages 1,021KB Requires Adobe Acrobat Reader

• Meador v. County Court
  April 27, 1955
  No. 10715 - 141 WV - Judgement - LEVIES/DISBURSEMENTS   "...subject only to the limitations contained in Article X of the West Virginia Constitution ..."
  37 pages 1,857KB Requires Adobe Acrobat Reader

• Attorney General Opinion(s)
  August 13, 1969
  TO: Honorable B.L. Coffindaffer, Federal/State Regulations
  Response for Planning and Zoning   "... Completion of comprehensive plan is not prerequisite for enactment of subdivision regulations; subdivision regulations must be included within ordinance for enforcement of the comprehensive plan ..."
  7 pages 888KB Requires Adobe Acrobat Reader



• Attorney General Opinion(s)
  April 25, 1964
  TO:   Honorable Koder M. Collison, Commissioner
  Response for Planning and Zoning : "...a county court may, at any time, abolish a planning commission it has created ..."
  5 pages 393KB Requires Adobe Acrobat Reader



• Article 6 - Annexation (incl. town council authority/responsibility)
  ~1897 ... 2003
  Mandatory Function:   "...The duty of a town council under this section, to submit to the question of a change of boundary to a vote, is mandatory, not ministerial or discretionary, if such petition as this section prescribes is presented ... ... the county commission shall thereupon enter an order ..."

7 pages 471KB Requires Adobe Acrobat Reader


• H.B. Barbor v. County Court of Mercer County
  January 20, 1920
  85 WV:   "...3. SAME-Powers of County Court-Mode of Action. ~
  The county court is a corporation created by statute, and possessed only of such powers as are expressly conferred by the Constitution and legislature, together with such as are reasonably and necessarily implied in the full and proper exercise of the powers so expressly given. It can do only such things as are authorized by law, and in the mode prescribed. (p. 361).. ..."
  7 pages 345KB Requires Adobe Acrobat Reader



• Attorney General Opinion(s)
  September 10, 1963
  TO: Honorable Charles M. Walker, Prosecuting Attorney
  Response for question 1:   "...Is it legal (in the present language of the law) that a Coumty Court can adopt and effectuate a housing code and/or a building code-?. ..."
  6 pages 611KB Requires Adobe Acrobat Reader