Mayers v. Barte

Miller, Justice:

In this original mandamus proceeding, the relator, Pauline Myers, seeks to have the freeholder eligibility requirement for membership on a municipal planning commission declared unconstitutional as a violation of equal protection principles. This provision is found in W. Va. Code, 8-24-5, 1 and a similar provision is contained in Section 151.01 of the Code of the City of Wheeling.

Relator relies on several United States Supreme Court cases which have held that a freeholder requirement for holding office on public boards violates equal protection concepts. In Turner v. Fouche,…