§8-11-2. Validity of ordinances delegating discretion.
The fact that an ordinance vests in the governing body or some
other body or officer a discretion to do, or refuse to do, a given
thing, shall not invalidate such ordinance when it would be
impracticable to lay down by ordinance for all cases a uniform
guide for exercising such discretion. This section shall not be
construed to mean that a delegation of discretion in any other case
shall necessarily invalidate an ordinance. However, if, in any
case, a delegated discretion is exercised in an arbitrary or
discriminatory manner, such ordinance, as so applied, shall be
unlawful and void.
Note: WV Code updated with legislation passed through the 2012 1st Special Session