Peyton v. City Council of City of Lewisburg

MILLER, Justice:

We accepted this certified question to determine whether the population requirements prescribed by W.Va.Code, 8-2-1 (1969), apply to territorial annexations by municipalities under the provisions of W.Va.Code, 8-6-4 (1969).

There are three methods whereby territory may be annexed by a municipality: (1) annexation by minor boundary adjustment; 1 (2) annexation by election; 2 and (3) annexation without an election, 3 which is the procedure sought by the petitioners in this case. Specifically, in March, 1989, the respondents below requested the City of Lewisburg to annex…