The Register-Herald, Beckley, West Virginia

January 31, 2013

Judge to issue ruling on public pool funding

By Tina Alvey
Register-Herald Reporter

— Special Judge Charles M. Vickers will deliberate and issue a written ruling on the status of intervenors after conducting a hearing in Greenbrier Circuit Court in a case involving a challenge to the funding of a public swimming pool.

A group of county residents filed a petition for a writ of mandamus against the Greenbrier County Commission in November, contending an allocation of $1.3 million in hotel/motel occupancy tax funds for reconstruction of an indoor pool on property not owned by the county is illegal. The pool site is on the Lewisburg campus of New River Community and Technical College.

Both the college’s board and foundation asked to intervene in the case, and it was those requests alone that were the subject of Wednesday’s hearing.

Barry Bruce, representing the mandamus petitioners, opposes the motions to intervene.

The mandamus request cannot be heard until the judge determines whether either or both of the college entities should be permitted to join the action.