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Case on governor’s residency returning to circuit court

The West Virginia Governor's Mansion. -- Photo by Steven Allen Adams

CHARLESTON — A lawsuit accusing Gov. Jim Justice of ignoring the West Virginia Constitution by not living in the capital city is still alive after the state Supreme Court denied a motion by Justice’s attorneys to dismiss the case.

In a 4-1 decision, the state Supreme Court denied a motion for a writ of prohibition sought by Justice attorneys Mike Carey and George Terwilliger.

Justice Evan Jenkins, who will be the incoming chief justice in 2021, penned the opinion of the court, while Justice John Hutchison, selected by his fellow justices to serve as chief justice in 2022, dissented. Outgoing Chief Justice Tim Armstead recused himself from the case, with Berkeley County Circuit Judge Bridget Cohee sitting in his place.

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