Cross Lanes/Tyler Mountain Community Ass'n v. Hunt

NEELY, Justice:

A petition to incorporate Cross Lanes— an unincorporated suburban area in Kana-wha County — was filed in the Kanawha County Commission on 20 August 1987. Pursuant to the petition, the county commission ordered that a special election by paper ballot be held on 10 November 1987 to determine whether Cross Lanes should become an incorporated municipality within the county. Immediately after the vote, the unofficial tabulation indicated that incorporation was defeated.

Numerous objections were raised to the integrity of the election and the county commission, sitting as a board of…