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    Arclin Acquires Belle Chemical Company

    Raleigh County Parks and Recreation, Lake Stephens announce The Halloween Costume Vault and Donation Sites

    West Virginia American Water Awards 15 Bottle Filling Stations to Organizations Across the State

    “Bloomberg Strikes Again”

    Clarksburg JATC to pay $150,000 to settle EEOC sex discrimination charge

    America in Bloom

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    GreenPower Highlights Key Findings from All-Electric School Bus Pilot Program and Resulting Vehicle Orders

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      WVU vs TCU: How to watch, stream online, kickoff time

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      Bruce Springsteen postpones all 2023 tour dates until 2024 as he recovers from peptic ulcer disease

      Capito Introduces Bill to Provide First Responders Critical Training and Resources to Prevent Overdose Deaths

      Sheetz to Celebrate National Coffee Day with Free Nitro or Cold Brew Coffee

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    • Pennsylvania News
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      Arclin Acquires Belle Chemical Company

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WVa court says lawsuit over governor’s residency can proceed

Gailyn Markham by Gailyn Markham
Wednesday, February 24, 2021 10:28 am

CHARLESTON, W.Va. (AP) — The West Virginia Supreme Court on Friday swatted down arguments from Gov. Jim Justice that the courts cannot force the governor to live in the state capital, allowing a lawsuit over his residency to proceed.

The long-running challenge has been a thorn in the side of Justice, who defends living in Lewisburg even though the state constitution says the governor “shall reside at the seat of government” in Charleston. The justices wrote that courts have the right to compel the Republican governor to comply with the constitution.

It will now head back to Kanawha County Circuit Court.

Justice’s lawyers appealed to the high court after the lower panel declined to throw out the case. Democratic Del. Isaac Sponaugle brought the suit two years ago after bipartisan criticism that Justice lived 100 (160 kilometers) miles away from Charleston, near his resort, The Greenbrier.

Both sides argue over the definition of “residency.” Sponaugle argued the common sense meaning of the word “residency” holds that the governor needs to sleep in Charleston. But Justice’s lawyers have argued that the term is vague and the matter was a political question outside the court’s purview.

The justices did not appear to buy that argument.

“Governor Justice has failed to meet his burden to show that the circuit court exceeded its legitimate powers,” the court said.

In denying to dismiss the case, the court also wrote in defense of the constitution’s residency clause.

“It goes without saying that complying with a constitutional provision to reside at the seat of government does not require officials to never step outside Charleston city limits as the Governor seemingly implies,” acting Chief Justice Evan Jenkins wrote.

Justice’s attorney, George Terwilliger, could not immediately be reached.

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Gailyn Markham

Gailyn Markham

Gailyn Markham is a multimedia journalist for Lootpress. She joined the Lootpress staff in November of 2020. Gailyn graduated from Concord University in May of 2019 with a BA in English Journalism and a minor in Sociology. During her time there, she was a staff writer for the school’s newspaper, “The Concordian,” and received the 2019 Outstanding Journalist Award for her work. Before joining the Lootpress team, Gailyn interned for The Register-Herald and, upon completing her internship, was asked to continue working as a freelance writer. She freelanced for the newspaper for two years. A West Virginia native, Gailyn has always been devoted to telling the stories of the Mountain State. When she isn’t working, she enjoys taking advantage of West Virginia’s many outdoor adventures, reading, and renovating her home with her husband, Chris. For news tips or story ideas, email Gailyn at gailynmarkham@lootpress.com. You can also follow her on Facebook.

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