BECKLEY, WV (LOOTPRESS) – A judge dismisses a lawsuit to stop the City of Beckley from moving from a mayor government to a city manager government.
An order filed on May 16, 2024, by Judge Andrew Dimlich granted an order from the City of Beckley to dismiss the lawsuit. On January 9, 2024, Beckley City Council passed an ordinance in which the City’s form of Government would change from a Strong-Mayor to a Mayor-Manager form. On January 23, 2024, Douglas Epling filed a lawsuit to stop the change, citing it violated State law and the West Virginia State Constitution.
Judge Dimilich says the Charter permits the Council to transform the Government from a Mayor to a City Manager. The plaintiff argued that voters, not the city council, must decide on the change. Dimlich says that the City Council has the legally constituted authority to change the form of Government.
Lootpress reached out to Doug Epling asking if he plans to appeal the ruling, and he issued the following statement:
I believe the decision is wrong, and I respect Judge Dimlich in the highest regard. We will remain friends. He done what he thought was lawful, however I disagree. I have always believed the Council had the power to go to a City Manager; however, it didn’t have the right to delete the mayor’s power as to duties prescribed in 8-3-2. You must follow these rules once you decide to go to the Mayor- Manager plan. When my lawyer gets back into town, we will discuss the appeal. I believe she thinks we can reverse the decision. Council member Dunlap can not get over his loss and blames the loss on the lawsuit. This is far from the truth. How can someone out in the county be influenced by a lawsuit in the city? He has gone on Facebook and made some defamatory statements towards me, and I am not a public official. My wife and I have, for many years, tried to contribute to the community the best we could. I believe the dislike for him in the city cost him the election, and he brought down the other council members. However, I strongly believe that a major change like this should be decided by the citizens of Beckley and not by four individuals! The Charter dates back to 1928, I believe, and was revised in approximately 1959.
Beckley elected a new mayor last week, Ryan Neal, who will take office in July. Also, several incumbents lost their elections, making way for new fresh faces.
Meet your new Beckley Mayor and City Council members; several incumbents voted out
