Miller v. COUNTY COM'N OF BOONE COUNTY

SCOTT, Justice:

This case is before the Court upon the appeal of Roger L. Weaver from the July 20, 2000, final order of the Circuit Court of Boone County, West Virginia, awarding a writ of prohibition which prohibited the County Commission of Boone County (“County Commission” and “Board of Canvassers”) from hearing the Appellant’s protest of the results of the May 2000 primary election for Assessor of Boone County (“Assessor”). 1 The circuit court ruled that the Appellant’s failure to file a petition for a recount of the votes before the Board of Canvassers precluded the Appellant from…