§58-3-1a. Procedures for appeals.
Any interested person may appeal the final order of the county
commission described by the provisions of subdivision (f), section
one of this article to the circuit court as a matter of right by
requesting the appeal within four months after the final order of
the county commission is rendered. The appeal shall be determined
by trial de novo. Upon receipt of the request for appeal, the
clerk of the county commission shall collect the circuit court
filing fee therefor and forward the same, together with the final
order and the request, to the clerk of the circuit court. The
court may require the clerk of the county commission to file with
the circuit clerk all or any portion of the record of the
proceedings which resulted in the final order. No bond may be
required from any party to the appeal. The final order of the
county commission shall be stayed pending the appeal proceedings.
If, after the appeal is filed in the circuit court, the matter is
not brought on for hearing before the end of the second term
thereafter, the appeal shall be considered abandoned and shall be
dismissed at the cost of the appellant unless sufficient cause is
shown for a further continuance. Upon such dismissal, the final
order of the county commission is affirmed. No appeal which has
been so dismissed by the circuit court may be reinstated after the
expiration of the next regular term following such dismissal.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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