In Re: Beckley
Annotate this Case
January 1995 Term
_____________
No. 22596
_____________
IN RE: THE PETITION OF THE CITY OF BECKLEY TO ANNEX,
BY MINOR BOUNDARY ADJUSTMENT, WEST VIRGINIA ROUTE 3
RIGHT-OF-WAY BEGINNING AT THE PRESENT CORPORATE LIMITS
___________________________________________________________
Appeal from the Circuit Court of Raleigh County
Honorable Robert A. Burnside, Judge
Case No. 93-AD-410-B
REVERSED AND REMANDED WITH DIRECTIONS
___________________________________________________________
Submitted: May 16, 1995
Filed: July 11, 1995
Floyd M. Sayre, Esq.
City Attorney
Beckley, West Virginia
Attorney for the City of Beckley
Warren A. Thornhill, III, Esq.
Beckley, West Virginia
Attorney for Bradley-Prosperity Volunteer
Fire Department
W. Randolph McGraw, II, Esq.
Beckley, West Virginia
Attorney for Mabscott Volunteer Fire Department
RETIRED JUSTICE MILLER, sitting by temporary assignment,
delivered the Opinion of the Court.
JUSTICE BROTHERTON and JUSTICE RECHT did not participate.
JUDGE FOX sitting by temporary assignment.
SYLLABUS BY THE COURT
1. "Where the issue on an appeal from the circuit court
is clearly a question of law or involving an interpretation of a
statute, we apply a de novo standard of review." Syllabus Point 1,
Crystal R.M. v. Charlie A.L., ___ W.Va. ___, ___ S.E.2d ___ (No.
22507 June 21, 1995).
2. "The powers exercised by a county commission with
regard to municipal annexation are wholly statutory and it can
exercise no other powers except those implicit in the specific
grant." Syllabus Point 2, In the Matter of the City of Morgantown,
159 W.Va. 788, 226 S.E.2d 900 (1976).
3. The legislative authorizations to grant an
annexation through a minor boundary adjustment to the county
commission in W. Va. Code, 8-6-2 (1989) is a proper delegation of
legislative authority.
4. The right to appeal to a circuit court a county
commission's decision adopting or rejecting an annexation through
a minor boundary adjustment under W. Va. Code, 8-6-5 (1989), is
limited to the involved municipality and the freeholders in the
area to be annexed.
5. "'Prohibition lies only in case of the unlawful
exercise of judicial functions. Acts of a mere ministerial,
administrative or executive character do not fall within its
province.' Point 4 Syllabus, Fleming v. [Kanawha County]
Commissioners, 31 W.Va. 608 [8 S.E. 267 [1888]]." Syllabus Point 2, State ex rel. City of Huntington v. Lombardo, 149 W.Va. 671, 143 S.E.2d 535 (1965).
6. In general, a county commission enjoys a broad
discretion in exercising its legislative powers in determining the
geographic extent of a minor boundary adjustment sought by a
municipality under W.Va. Code 8-6-5 (1989), so long as a portion of
the area to be annexed is contiguous to the municipality.
Miller, Justice:
The City of Beckley (City) appeals an order of the
Circuit Court of Raleigh County rejecting its petition for a minor
boundary adjustment, which had been approved by the County
Commission of Raleigh County (Commission). The City claims that
the court erred in allowing non-freeholders to challenge the
annexation by way of a writ of prohibition and in holding that the
annexation by a minor boundary adjustment was invalid.
I
In 1993, the City sought an annexation by a minor
boundary adjustment under W. Va. Code, 8-6-5 (1989) of property
along W. Va. Route 3 and three adjacent parcels by filing a
petition for annexation with the Commission. The Commission found
a minor boundary adjustment was involved and ordered a public
hearing.See footnote 1
The public hearing was held on November 16, 1993 before
the Commission and there was no opposition to the annexation by the
freeholders in the area to be annexed as contemplated by W. Va.
Code, 8-6-5 (1989).See footnote 2 Thereafter, on November 24, 1993, the
Bradley-Prosperity Volunteer Fire Department and the Mabscott
Volunteer Fire Department brought a writ of certiorari in the
Circuit Court of Raleigh County.
The City was granted leave to intervene and argued that
because neither of the volunteer fire departments was a freeholder
in the area to be annexed, neither had standing to bring a writ of
certiorari relying on In the Matter of the City of Morgantown, 159
W.Va. 788, 226 S.E.2d 900 (1976). In Morgantown, the city sought
an annexation by a minor boundary adjustment and its petition was refused by the county commission. The city then sought a writ of
error to the Circuit Court of Monongalia County, which reversed the
county commission and ordered the annexation. The county
commission then appealed to this Court. However, we concluded that
under W. Va. Code, 8-6-5 the county commission functioned as "an
administrator and not a party to the proceedings." Syllabus Point
3, in part, Morgantown.See footnote 3 Thus, we held that the county
commission's interest is only "to administer the law and thus [the
commission] has no standing to prosecute an appeal as an aggrieved
party." Syllabus Point 5, in part, Morgantown.See footnote 4
In this case, the circuit court found that because the
volunteer fire departments were not freeholders in the annexed
area, they lacked standing under W. Va. Code, 8-6-5 (1989) to bring
a writ of certiorari. The court, however, examined the
configuration of the area to be annexed and determined the area did not meet the requirements of a minor boundary adjustment.See footnote 5 Then,
the circuit court concluded that the county commission was acting
beyond the scope of its authority and allowed the two volunteer
fire departments to have relief through a writ of prohibition.
II
There are no disputed facts in this case and the trial
court made only legal conclusions concerning the scope of W. Va.
Code, 8-6-5 (1989). Consequently, our standard of review is that
contained in Syllabus Point 1 of Crystal R.M. v. Charlie A.L., ___
W.Va. ___, ___ S.E.2d ___ (No. 22507 June 21, 1995):
Where the issue on an appeal from the
circuit court is clearly a question of law or
involving an interpretation of a statute, we
apply a de novo standard of review.
In Peyton v. City Counsel of Lewisburg, 182 W.Va. 297,
298, 387 S.E.2d 532, 533 (1989), we observed the following about
our annexation statutes (the relevant code sections have been
extracted from footnotes and bracketed):
There are three methods whereby territory
may be annexed by a municipality: (1)
annexation by minor boundary adjustment
[W. Va. Code, 8-6-5]; (2) annexation by election [W. Va. Code, 8-6-2]; and (3)
annexation without an election [W. Va. Code,
8-6-4]. . . .
Each of these three methods of annexation have different statutory
requirements. For instance, in Peyton, supra, we dealt with
annexation without an election contained in W. Va. Code, 8-6-4
(1969), which incorporated the territorial requirements contained
in W. Va. Code, 8-2-1 (1969).See footnote 6
The minor boundary annexation procedure has not been
discussed in any detail by this Court. Although a minor boundary
annexation procedure was involved in Morgantown, supra, the
statute's substantive provisions were not at issue. Morgantown's
conclusion that the commission lacked standing to appeal a circuit
court order is not helpful in this case because the commission is
not appealing. Syllabus Point 2 of Morgantown did recognize the
general powers of a county commission with regard to annexation:
The powers exercised by a county commission
with regard to municipal annexation are wholly statutory and it can exercise no other powers
except those implicit in the specific grant.See footnote 7
See also Syllabus Point 1, Cowan v. County Commission of Logan
County, 161 W.Va. 106, 240 S.E.2d 675 (1977).
Moreover, it is generally recognized that the legislature
may designate the power of annexation absent some constitutional
limitations. See generally, 56 Am.Jur.2d Municipal Corporations,
Counties, and Other Political Subdivisions, §55 and §63 (1971).
Clearly under W. Va. Code, 8-6-5 (1989), the legislature delegated
to the Commission the legislative and administrative authority to
grant an annexation by a minor boundary line adjustment. The
general powers of a commission are contained in Article 9, Section
11 of the West Virginia Constitution which includes this catch-all
sentence, "[s]uch commissions may exercise such other powers, and
perform such other duties, not of a judicial nature, as may be
prescribed by law." We stated in Syllabus Point 3, State ex rel. State Line Sparkler of WV, Ltd. v. Teach, 187 W.Va. 271, 418 S.E.2d 585 (1992):
The legislature has authority to delegate
its law-making power to municipal corporations
and counties as to matters of local concern.
Such delegation does not violate the
separation of powers doctrine contained in
Article V, Section 1 of the West Virginia
Constitution.
Thus, the legislative authorization to grant an
annexation through a minor boundary adjustment to the county
commission in W. Va. Code, 8-6-5 (1989) is a proper delegation of
legislative authority.
When we turn to the minor boundary annexation statute,
we recognize that it is not a model of clarity concerning who may
appeal the commission's order approving or rejecting annexation to
the circuit court. Under W. Va. Code, 8-6-5 (1989), freeholders in
the territory to be annexed may protest the proposed annexation at
the commissioners' hearing and "[i]f the proposed change is
substantially opposed at the hearing by any such freeholder, the
commission shall dismiss the application." However, where at the
public hearing the freeholders "are not substantially opposed to
the proposed boundary change, the commission may enter an order
changing the corporate limits of the municipality as
requested. . . ." W. Va. Code, 8-6-5 (1989).See footnote 8 These statutory
provisions relate to the public hearing before the commission and
are designed to guide its action with regard to approving or rejecting the proposed annexation petition. In Morgantown, we
commented on this language and noted "[i]t has been held that, as
a practical matter, almost unanimous approval by the freeholders of
the territory is required. Frazier v. Easley, 121 W.Va. 230, 2 S.E.2d 769 (1939). Morgantown, 159 W. Va. at 793, 229 S.E.2d at
903."
W. Va. Code, 8-6-5 (1989)See footnote 9 does contain general language
that the commission's order granting the annexation "may be
reviewed by the circuit court as an order of a county commission
ordering an election may be reviewed under section sixteen [§ 8-5-
16], article five of this chapter."See footnote 10 This review language follows the text that allows the commission to grant the annexation
petition if the freeholders are not substantially opposed to it.See footnote 11
The general rule is that in the absence of some statutory
language allowing an appeal from an annexation decision there is no
right of appeal except under limited circumstances where the action
is void or impairs vested rights.See footnote 12 See Annotation 13 A.L.R.2d 1279
(1950). Much the same general principle is stated in 2 Eugene
McQuillin, The Law of Municipal Corporations §7.10 (3d ed. 1988):
The extension of the boundaries of a city or
town is viewed as purely a political matter,
entirely within the power of the state
legislature to regulate. It is, in other
words, a legislative function. This power is
sometimes said to be inherent in the
legislature, while in other instances it has
been said to be power incidental to the power
to create and abolish municipal corporations.
* * *
[The] enactment [of annexation statutes] is
regarded as a discretionary legislative
prerogative, and unless the obligations of
contracts or vested rights of third persons
are impaired by such action, in accordance with the well established rule, the judiciary
cannot interfere. [Footnotes omitted]."
See also People ex rel. Van Cleave v. Village of Seneca, 165
Ill.App.3d 410, 116 Ill. Dec. 473, 519 N.E.2d 63 (1988); Taylor v.
City of Raleigh, 290 N.C. 608, 227 S.E.2d 576 (1976); Dugger v.
City of Santa Fe, 114 N.M. 47, 834 P.2d 424 (1992), cert. denied
113 N.M. 744, 832 P.2d 1223 (1992); Quinn v. City of Columbia, 303
S.C. 405, 401 S.E.2d 165 (1991); State ex rel. Hornkohl v. City of
Tullahoma, 746 S.W.2d 199 (Tenn. App. 1987).
In the absence of any more detailed language giving third
parties who are not freeholders in the annexed property a specific
right to appeal, we conclude that the right to appeal to a circuit
court a county commission's decision adopting or rejecting an
annexation through a minor boundary adjustment under W. Va. Code,
8-6-5 (1989), is limited to the involved municipality and the
freeholders in the area to be annexed. It would appear that the
legislature intended to protect freeholders who had objected but
received an adverse decision from the commission. The same is true
of a municipality which was adversely affected by the commission's
order. We, therefore, find that the circuit court was correct in
holding that the volunteer fire departments lack standing to have
the Commission's order reviewed by the circuit court.
III
The circuit court allowed the volunteer fire departments
to pursue their claim by changing it from a petition for certiorari to a writ of prohibition. This was based upon the court's belief
that the Commission wrongly found the area could be annexed under
the annexation by a minor boundary adjustment statute. There are
two legal reasons that preclude this holding. First, as
demonstrated in Syllabus Point 3 of City of Morgantown, the
commission in this type of annexation is exercising legislative or
administrative powers delegated to it.See footnote 13 Customarily, a writ of
prohibition lies only against judicial officials. As we explained
in Syllabus Point 2 of State ex rel City of Huntington v. Lombardo,
149 W.Va. 671, 143 S.E.2d 535 (1965):
"Prohibition lies only in case of the
unlawful exercise of judicial functions. Acts
of a mere ministerial, administrative or
executive character do not fall within its
province." Point 4 Syllabus, Fleming v.
[Kanawha County] Commissioners, 31 W.Va. 608
[8 S.E. 267 [1888]].
See also Winkler v. State School Building Authority, 189 W.Va. 748,
752 n.2, 434 S.E.2d 420, 424 n.2 (1993); State ex rel. Miller v.
Smith, 168 W.Va. 745, 285 S.E.2d 500 (1981).
The second reason that we find the circuit court erred in
granting prohibition was because of its conclusion that the
Commission could not grant the petition as the annexed territory
did not comport with annexation by way of a minor boundary
adjustment. The circuit court's conclusion was based on the fact
that the annexed territory contained an approximate 500 foot strip
along State Route 3 abutting the city limits. However, although the rest of the property annexed did not abut the city's limits, it
was adjacent to the strip.
Our annexation statute, W. Va. Code, 8-6-1 (1989),
provides that "[u]nincorporated territory may be annexed to and
become part of a municipality contiguous thereto . . . ."See footnote 14 The
statute does not otherwise define the term "contiguous." We have
not had occasion to discuss the meaning of this term in an
annexation context. There is a difference of view in other
jurisdictions and in some instances the term is statutorily
defined.See footnote 15 Some jurisdictions where the term "contiguity" is not
defined, begin by stating that the purpose of annexation is to
permit the natural and gradual extension of municipal boundaries to
areas which adjoin one another. The reason advanced in In re
Petition to Annex Certain Territory to Village of North Barrington,
144 Ill. 2d 353, ___, 162 Ill.Dec. 66, ___, 579 N.E.2d 880, 886
(1991), for the contiguity requirement was to ensure "that delivery
of police and fire services, sewer lines, and other provisions is convenient for the city and its residents." See also City of
Middletown v. McGee, 39 Ohio St.3d 284, 530 N.E.2d 902 (1988). The
Wisconsin Supreme Court gave this definition of contiguous in Town
of Lyons v. City of Lake Geneva, 56 Wis.2d 331, ___, 202 N.W.2d 228, 231 (1972):
However, "contiguous" does not always mean the
land must be touching. "Contiguous" is
defined in Black's Law Dictionary, Fourth
Edition, p. 391, as "In close proximity; near,
though not in contact; neighboring; adjoining;
near in succession; in actual close contact;
touching; bounded or traversed by."
See also Awareness Group v. Board of Trustees of School Dist.
No. 4, 243 Mont. 469, 795 P.2d 447, 452-54 (1990).
In this case, the issue is not that the annexed portion
does not abut the municipality's boundary. Rather, the issue
involves the question of how much of the boundary of the annexed
area must be contiguous to the city limits. The Ohio Supreme Court
in City of Middletown, supra, recognized this problem and referring
to Annotation in 49 A.L.R.3d 589, 598 (1973) stated that "the law
is unsettled as to what degree of touching is needed to fulfill the
contiguity requirement." 39 Ohio St. 3d at ___, 530 N.E.2d at 905.
At issue in City of Middleton, supra, was a 3.8-mile connecting
strip which joined a larger tract, the court rejected annexation
because the entire annexed area was not sufficiently contiguous.
Other jurisdictions followed a less restrictive definition of
contiguous in annexation cases. See, e.g., City of Prattville v.
City of Millbrook, 621 So. 2d 267 (Ala. 1993) (long lasso-like strip
to 440 acres to be annexed was permissible); In re Village of North Barrington, supra (inverted "L" shaped annexed area sufficiently
contiguous).
The attempt to identify what is meant by the general term
"contiguous" is often semantical at best. We observed in Cowan v.
County Commission of Logan County, supra, 161 W. Va. at n.4, 240 S.E.2d at 679 n.4, where we approved the incorporation of a
municipality which consisted of a long narrow strip of land along
a valley that "[l]ong, narrow, ribbon-like communities are
characteristic features of human settlements in the valleys of the
central Appalachian plateau of North America."
Moreover, when we deal as here, with an annexation by way
of a minor boundary adjustment the process itself carries
sufficient built in protection to avoid any truly outrageous
geographical result. As we have previously discussed, W. Va. Code,
8-6-5 (1989) requires the municipality to propose the annexation.
Common sense would dictate that the municipality would not
undertake a burdensome obligation to supply services to the annexed
area by extending them at great length along a narrow strip of
land. Thus, there is an element of reasonableness that will
control the city's decision to annex.
Even if this were not true and the municipality was able
to require those in the annexed area to pay for its unreasonable
services, then the freeholders in the annexed area are accorded the
right to object at the public hearing.See footnote 16 If any freeholder is substantially opposed to the annexation at the public hearing
before the commission, under W. Va. Code, 8-6-5 (1989), "the
commission shall dismiss the [annexation] application". We have
earlier pointed out that both the municipality and freeholder(s)
can appeal the Commission's order to the circuit court.
Finally, it must be remembered that this case involves an
annexation through a minor boundary adjustment where the commission
is authorized to act without any specific guidelines in W. Va.
Code, 8-6-5 (1989) as to what shall be deemed a minor boundary
adjustment.See footnote 17
If we are to be faithful to the underlying concept that
annexation is essentially a legislative matter that has delegated
to the commission, then the courts may not intrude unless the process is either unconstitutional or invalid. We agree with this
statement of the Illinois Supreme court in In re Village of North
Barrington, that "the legislature has left to the city council and
the electors, rather than to the court, the question of the
reasonableness of a petition for annexation." 144 Ill. 2d at ___,
162 Ill.Dec. at ___, 579 N.E.2d at 888.
In this case, we conclude that it was error for the
circuit court to determine that the Commission acted unreasonably
and exceeded its jurisdiction by granting an annexation through a
minor boundary adjustment. In general, a county commission enjoys
a broad discretion in exercising its legislative powers in
determining the geographic extent of a minor boundary adjustment
sought by a municipality under W. Va. Code 8-6-5 (1989), so long as
a portion of the area to be annexed is contiguous to the
municipality. Consequently, we reverse the circuit court's
judgment and remand the case directing that the Commission's order
granting the annexation be affirmed.
Reversed and remanded
with directions.
Footnote: 1
The relevant language of W. Va. Code, 8-6-5 (1989) states:
In the event a municipality desires to
increase its corporate limits by making a
minor adjustment, the governing body of such
municipality may apply to the county
commission of the county wherein the
municipality or the major portion of the
territory thereof, including the territory to
be annexed, is located for permission to
effect such annexation by minor boundary
adjustment.
Such application shall disclose the number
of persons residing in the territory to be
annexed to the corporate limits by the
proposed change, and shall have attached
thereto an accurate map showing the metes and
bounds of such additional territory.
If satisfied that the proposed annexation is
only a minor boundary adjustment, the county
commission shall order publication of a notice
of the proposed annexation to the corporate
limits and of the date and time set by the
commission for a hearing on such proposal.Footnote: 2
The pertinent language of W. Va. Code, 8-6-5 (1989) states:
If the freeholders of the area proposed to
be annexed who are present or are represented
at the hearing are not substantially opposed
to the proposed boundary change, the
commission may enter an order changing the
corporate limits of the municipality as
requested. . . . If the proposed change is
substantially opposed at the hearing by any
such freeholder, the commission shall dismiss
the application.Footnote: 3
Syllabus Point 3 of Morgantown, supra, states:
The function performed by a county
commission, pertaining to municipal annexation
by minor boundary adjustment, is that of an
administrator and not a party to the
proceedings.Footnote: 4
The full text of Syllabus Point 5 of Morgantown is:
A county commission, which exercises its
authority under W. Va. Code, 8-6-5, as
amended, has no interest, personal or
official, in the municipal annexation matters
which come before it other than to administer
the law and thus has no standing to prosecute
an appeal as an aggrieved party.Footnote: 5
The circuit court's order stated:
The statutory provision for a minor boundary
adjustment does not permit a municipality to
incorporate territory that consists only of a
public street or highway, or to incorporate a
home or business, or a group thereof, that is
connected to the contiguous area of the city
by territory that consists only of a public
street or highway.Footnote: 6
Syllabus Point 3, Peyton, supra, states:
The "one hundred inhabitant" restriction of
West Virginia Code, 8-2-1 (1969), is a
mandatory requirement for annexation of
territory of less than one square mile under
W. Va. Code, 8-6-4 (1969), in view of the
language in the annexation statute providing
that the territory be annexed "shall conform
to the requirements" of W. Va. Code, 8-2-1.Footnote: 7
This principle is consistent with our general law regarding
a legislative grant of power to a municipality. Syllabus Point 1
of McCallister v. Nelson, 186 W. Va. 131, 411 S.E.2d 456 (1991),
states:
"'A municipal corporation has only the
powers granted to it by the legislature, and
any such power it possesses must be expressly
granted or necessarily or fairly implied or
essential and indispensable. If any
reasonable doubt exists as to whether a
municipal corporation has a power, the power
must be denied.' Syllabus Point 2, State ex
rel. [City of] Charleston v. Hutchinson, 154
W.Va. 585, 176 S.E.2d 691 (1970)." Syllabus
Point 1, City of Fairmont v. Investors
Syndicate of America [, Inc.], 172 W.Va. 431,
307 S.E.2d 467 (1983)."Footnote: 8
For the relevant text of W. Va. Code, 8-6-5 (1989), see supra
note 2.Footnote: 9
The applicable language of W. Va. Code, 8-6-5 (1989) is:
If the freeholders of the area proposed to
be annexed . . . are not substantially
opposed . . ., the commission may enter an
order changing the corporate limits . . .,
which order may be reviewed by the circuit
court as an order of the county commission
ordering an election may be reviewed under
section sixteen [§ 8-5-16], article five of
this chapter.
Footnote: 10
W. Va. Code, 8-5-16 (1969) provides, in pertinent part:
A writ of error shall lie to the circuit
court in accordance with the provisions of
article three [§ 58-3-1 et seq.], chapter
fifty-eight of this code from any order of a
county court ordering an election to be held
under the provisions of this chapter. Upon
the filing of a petition for a writ of error,
all proceedings shall be suspended or stayed
pending final adjudication of the matters
involved.Footnote: 11
For the relevant text of the procedural language of the
public hearing before the commission, see supra note 2.Footnote: 12
Despite rather broad language in Hunter v. City of
Pittsburgh, 207 U.S. 161, 28 S. Ct. 40, 52 L. Ed. 151 (1907) as to
the applicability of the federal constitution to annexation
proceedings, the federal circuit court of appeal have recognized
that equal protection principles contained in the fourteenth
amendment to the United States Constitution may be applied in an
annexation case. See, e.g., Mullen v. Curran, 889 F.2d 54 (4th
Cir. 1989), cert. denied, 493 U.S. 1074, 110 S. Ct. 1121, 107 L. Ed. 2d 1027 (1990); Hayward v. Clay, 573 F.2d 187 (4th Cir.),
cert. denied, 439 U.S. 959, 99 S. Ct. 363, 58 L. Ed. 2d 351 (1978).
See also Annotation, 17 A.L.R. 5th 195 (1994).Footnote: 13
See supra note 3, for the text of Syllabus Point 3,
Morgantown.Footnote: 14
The full text of W. Va. Code, 8-6-1 (1989) is:
Unincorporated territory may be annexed to
and become part of a municipality contiguous
thereto only in accordance with the provisions
of this article.
Any farmlands or operations as described in
article nineteen [§ 19-19-1 et seq.], chapter
nineteen of this code which may be annexed
into a municipality shall be protected in the
continuation of agricultural use after being
annexed.Footnote: 15
See, e.g., Delph v. Town Council of Town of Fishers, 596 N.E.2d 294, 297 n. 4 (Ind. App. 1992).Footnote: 16
"Freeholder" and "[f]reeholder interest in property" are
defined in W. Va. Code, 8-1-2(b) (1969):
(14) "Freeholder" shall mean any person (and
in the case of an individual who is sui juris
and is not under a legal disability) owning a
"freehold interest in real property";
(15) "Freehold interest in real property" shall mean any fee, life, mineral, coal or oil or gas interest in real property, whether legal or equitable, and whether as a joint tenant or a tenant in common, but shall not include a leasehold interest (other than a mineral, coal or oil or gas leasehold interest), a dower interest, or an interest in a right-of-way or easement, and the free-hold interest of a church or other unincorporated association shall be considered as one interest and not as an individual interest of each member thereof.Footnote: 17 Annexation by minor boundary adjustment under W. Va. Code, 8-6-5 (1989) does not require the standards set out in W. Va. Code, 8-2-1 (1969) which are required in the other two annexation proceedings contained in W. Va. Code, 8-6-2 and 4 (1989).
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