WVC 31 E- 8 - 810
§31E-8-810. Removal of directors by judicial proceeding.
(a) The circuit court may remove a director of the corporation
from office in a proceeding commenced either by the corporation or
by its members holding at least ten percent of the voting power of
any class if the court finds that: (1) The director engaged in
fraudulent or dishonest conduct or gross abuse of authority or
discretion, with respect to the corporation; and (2) removal is in
the best interest of the corporation.
(b) The court that removes a director may bar the director
from serving on the board for a period prescribed by the court.
(c) If members commence a proceeding under subsection (a) of
this section, they must make the corporation a party defendant.