West Virginia Code § 11-8-28

Suit to recover unlawful expenditure or to cancel obligation
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Whenever a fiscal body expends money or incurs obligations in violation of sections twenty-
five and/or twenty-six of this article, suit shall be instituted by the prosecuting attorney of
the county or the Attorney General of the state, in a court of competent jurisdiction to
recover the money expended or to cancel the obligation, or both.

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