Akers v. West Virginia Department of Highways

WORKMAN, Justice:

The West Virginia Department of Highways (“Department”) appeals from a June 28, 1991, order of the Circuit Court of Wayne County declaring West Virginia Code § 29-6-4(d) (Supp.1992) unconstitutional and ordering that Donald Akers, Appellee, be reinstated to his former position as Wayne County Maintenance Superintendent (hereinafter sometimes referred to as “CMS” or “Superintendent”). After examining the applicable statute and precedent, we concur with the decision of the trial court that West Virginia Code § 29-6-4(d) is unconstitutional insofar as it applies to the position…