Powers v. Goodwin

MILLER, Justice:

This is a second appeal in connection with removal proceedings under W.Va. Code, 11-8-31, and W.Va.Code, 6-6-7, brought against Ed Cooke and James Armstrong, two Boone County Commissioners, who had voted to reimburse legal fees incurred by James Goodwin, the third Boone County Commissioner. In the first appeal, Powers v. Goodwin, 170 W.Va. 151, 291 S.E.2d 466 (1982), we established the law of the case and reversed the circuit court’s holding that Commissioners Cooke and Armstrong were not subject to removal. In remanding this case, we made the following observation:

“It would…