## Facts

- The West Virginia Legislature enacted W. Va. Code ch. 8, art. 16, § 4a, authorizing municipalities to construct off-street motor-vehicle parking facilities to address inadequate urban parking and related congestion problems.
- The statute also permitted a municipality, as part of such a facility, to provide space that could be sold or leased for private business, commercial, or charitable uses in connection with the project.
- The City of Charleston, a West Virginia municipal corporation, adopted City Council Resolution No. 228-73 directing its city clerk, Kenneth L. Coghill, to publish a public notice.
- The notice was to invite proposals from persons interested in purchasing or leasing space in a proposed off-street parking facility.
- Coghill refused to publish the notice, asserting that § 4a was unconstitutional because it allegedly delegated legislative power to the municipality to decide the mix of public and private uses and allegedly allowed public resources to be used for private benefit.
- The City filed an original proceeding in the Supreme Court of Appeals of West Virginia seeking a writ of mandamus to compel the clerk to publish the notice and to obtain a ruling on the statute’s constitutionality so the City could proceed with planning and financing.

## Issues

1. Whether W. Va. Code ch. 8, art. 16, § 4a is unconstitutional—under W. Va. Const. art. X, §§ 1 & 5; W. Va. Const. art. III, §§ 9 & 10; and the Fourteenth Amendment—because it authorizes municipal parking facilities that may include space sold or leased for private uses and allegedly delegates legislative power to municipalities.
2. If § 4a is constitutional, whether the City clerk had a clear legal duty to publish the notice directed by the City Council, making mandamus an appropriate remedy.

## Decision

- The court held that W. Va. Code ch. 8, art. 16, § 4a is constitutional and does not contravene W. Va. Const. art. X, §§ 1 & 5; W. Va. Const. art. III, §§ 9 & 10; or the Fourteenth Amendment.
- The court rejected the claim of unconstitutional delegation, concluding the Legislature may confer authority on municipalities to address matters of local concern and that allowing a city to determine the amount of space to be leased or sold as part of a parking project is administrative implementation of legislative policy, not an improper transfer of legislative power.
- The court concluded the statute serves a valid public purpose—providing parking facilities to relieve urban parking shortages and congestion—even though private parties may receive benefits through leasing or purchasing space; any private benefit was treated as secondary to the statute’s dominant public objective.
- Having upheld the statute, the court determined the clerk’s duty to publish the notice required by the Council’s resolution was nondiscretionary.
- The court awarded a writ of mandamus compelling Coghill to publish the notice.

## Legal Principles

- The Legislature may grant municipalities broad authority to act on matters of local concern, including discretion needed to carry out a legislatively declared policy, without violating nondelegation limits.
- A project satisfies the public-purpose requirement when its primary objective and effect are public, even if private parties receive incidental benefits connected to the project.
- Statutory authorization for a public parking facility is not rendered unconstitutional merely because the facility may include space that can be leased or sold for private business, commercial, or charitable uses, where the public function remains dominant.
- Mandamus is available to compel a public official to perform a clear, specific, nondiscretionary legal duty when the official refuses to act on the basis of an invalid legal objection.

## Conclusion

The Supreme Court of Appeals of West Virginia upheld the statute authorizing municipal parking facilities, including limited private leasing or sale of space as part of the overall public project, and granted mandamus requiring Charleston’s city clerk to publish the council-directed notice inviting proposals for space in the planned parking facility.


State ex rel. City of Charleston v. Coghill, 156 W. Va. 877, 207 S.E.2d 113 (1973)