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Current as of January 01, 2024 | Updated by FindLaw Staff
The fact that an ordinance vests in the governing body or some other body or officer a discretion to do, or refuse to do, a given thing, shall not invalidate such ordinance when it would be impracticable to lay down by ordinance for all cases a uniform guide for exercising such discretion. This section shall not be construed to mean that a delegation of discretion in any other case shall necessarily invalidate an ordinance. However, if, in any case, a delegated discretion is exercised in an arbitrary or discriminatory manner, such ordinance, as so applied, shall be unlawful and void.
Cite this article: FindLaw.com - West Virginia Code Chapter 8. Municipal Corporations § 8-11-2. Validity of ordinances delegating discretion - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-8-municipal-corporations/wv-code-sect-8-11-2/
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