Per Curiam:
The proceeding now before this Court involves a dispute over the results of the May 9, 2000 primary election for the Office of Assessor in Boone County, West Virginia. The appellant, Roger L. Weaver, challenges a July 20, 2000 order of the Circuit Court of Boone County (Civil Action No. 00-C-17) wherein the circuit court issued a writ of prohibition to prevent the County Commission of Boone County from proceeding with a contest of the May 9, 2000 primary election pursuant to West Virginia Code § 3-7-6. The petition for appeal was granted on September 1, 2000, and, acting with dispatch due to the nature of the matter at issue, the matter was set for argument on September 6, 2000, and is now ripe for decision.
The Court has thoroughly reviewed the petition, the response to the petition, and has heard the arguments of the parties. Upon consideration thereof, the Court is of the opinion that the circuit court properly issued a writ of prohibition to prevent the County Commission of Boone County from proceeding with an election contest in this matter. Accordingly, the circuit court's July 20, 2000 decision issuing the writ of prohibition is hereby AFFIRMED.
Justice McGraw dissents.
A written opinion of the Court will follow. The Clerk of the Court is hereby directed to issue the mandate forthwith.
Affirmed.