State Ex Rel. Hicks v. Bailey

McHUGH, Justice:

The matter before us was brought by Donald Hicks in his capacity as Clerk of the McDowell County Commission (hereinafter “Appellant”) as an appeal from the November 9, 2009, order of the Circuit Court of McDowell County in a mandamus proceeding. By the terms of this order, the McDowell County Commission 1 is directed to reimburse the attorney fees of A. Ray Bailey (hereinafter “Appellee”) as the prevailing party in an election contest. Appellant maintains that the trial court abused its discretion by awarding attorney fees and ordering payment of the fees by the county…