The lawsuit Marmet Mayor Bill Pauley filed against members of the town's Council was thrown out Friday.
Pauley had filed suit asking a Kanawha County Circuit Judge to determine whether he or town council calls the shots in Marmet. Pauley contended that Marmet has a strong mayor form of government, giving him final say over the hiring of employees and town expenditures. Council members argued Pauley can only act with the approval of council.
Kanawha Circuit Judge Joanna Tabit agreed with council members Friday and dismissed the lawsuit.
The judge had previously denied Pauley's request for an emergency injunction to stop members of council from hiring any employees until Tabit ruled on the issue.
The dispute stemmed from council's decision to hire Johnny Walker as street commissioner in 2013. Pauley thought Walker's pay was too high, and has continually tried to fire him, cut his pay or simply not sign his paychecks. Pauley filed a motion for an emergency injunction after council members held a special meeting several weeks ago to hire three temporary workers.
David Dawson, Pauley's attorney, has said that Pauley has historically acted as a strong mayor, making most of the decisions for the town. Pauley has been mayor 32 years.
Dawson was unable to provide any part of the town charter or any city ordinances that specifically say Marmet was set up with a strong-mayor form of government.