West Virginia Code § 22-13-12

Actions to abate nuisances; injunctive relief
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Whether any violation of the provisions of this article or any final order of the director or the
board results in prosecution or conviction or not, any such violation is a nuisance which may
be abated upon application by the chief to the circuit court of the county in which such
nuisance or any part thereof exists, or to the judge thereof in vacation. Upon application by
the director, the circuit courts of this state may by mandatory or prohibitivee injunction
compel compliance with all final orders of the director or board. Any application for an
injunction to compel compliance with any final order of the director or rboard shall be made
to the circuit court of any county in which the modification to which the order relates is
proposed to be made, or in which the modification to which the order relates is situate or
would be situate upon completion thereof. Upon application by the director to the circuit
court of the county in which a municipal corporation is locatted, or in which any person
resides or does business, or to the judge thereof in vacation, such court may by injunction
require the performance of any duty imposed upon such municipal corporation or person by
the provisions of this article. The court may issue a temporary injunction in any case pending
a decision on the merits of any application filed. In cases of modifications where irreparable
damage will result from any delay incident to the administrative procedures set forth in this
article, the director may forthwith apply to the circuit court of any county in which the
modification is taking place for a temporary injunction. Such court may issue a temporary
injunction pending final disposition of the case by the director or the board, in the event an
appeal is taken to the board.
The judgment of the circuit court upon any application permitted by the provisions of this
section is final unless reLversed, vacated or modified on appeal to the Supreme Court of
Appeals. Any such appeal shall be sought in a manner provided by law for appeals for circuit
courts in other civil c ases, except that the petition seeking such review must be filed with
said Supreme Court of Appeals within ninety days from the date of entry of the judgment of
the circuit court.
TheW director shall be represented in all such proceedings by the Attorney General or his or
her assistant and in such proceedings in the circuit court by the prosecuting attorneys of the
several counties as well, all without additional compensation.

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