Legal Opinion

McAtee v. Mentzer

West Virginia Supreme Court

Decided October 17, 1984No. 15909PublishedCited by 4 opinions

1Opinion of the Court

NEELY, Justice:

In 1947 the City of Weirton promulgated rules and regulations for the governance of the city’s police department. These rules and regulations were incorporated as Appendix B to the Weirton City Code. Rule 5(24) provides: “No member of the department shall engage either directly or indirectly as a vendor of intoxicating liquors.” This regulation has been consistently enforced from its enactment until the present time.

In 1980 Patrolman Daniel L. McAtee of the Weirton Police Department decided that he wanted to become part owner of a Weirton private club that sells liquor. On 9…

2Cases cited4 opinions

  1. Kelley v. JohnsonSupreme Court of the United States · 1976
  2. Borlin v. Civil Service Com'n of Council BluffsSupreme Court of Iowa · 1983
  3. Cox v. McNamaraCourt of Appeals of Oregon · 1972
  4. Trelfa v. Village of Centre IslandAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by4 opinions

  1. Messer v. HannahWest Virginia Supreme Court · 2008
  2. Roberts v. GreinerWest Virginia Supreme Court · 1989
  3. State Troopers Non-Commissioned Officers Ass'n v. New JerseyDistrict Court, D. New Jersey · 2009
  4. Messer v. HannahWest Virginia Supreme Court · 2008

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