State ex rel. Foster v. City of Morgantown
In State ex rel. Foster v. City of Morgantown, 189 W. Va. 433, 432 S.E.2d 195 (1993), the City's voters sought to force a referendum on an amendment to the City's zoning ordinance, relying upon the procedure set forth in the city charter.
The Court had previously held in State ex rel. MacQueen v. City of Dunbar, 167 W. Va. 91, 278 S.E.2d 636 (1981), that because the statute governing the amendment of existing zoning ordinances, W. Va. Code 8-24-23 (1969), "does not authorize a referendum on amendments to a zoning ordinance, none is required or permitted." Syllabus, in part, MacQueen.
Consistent with both MacQueen and Plymale, the Court in Foster refused mandamus relief, holding that the referendum procedure contained in the city charter was, in this specific context, preempted by the provisions of W. Va. Code 8-24-23. Foster, 189 W. Va. at 437, 432 S.E.2d at 199.