State of West Virginia ex rel. Thornton Cooper, Petitioner Below, Appellee v. Honorable Gaston Caperton

Summary

The court affirmed the circuit court's judgment upholding a constitutional amendment authorizing infrastructure bonds, concluding that publication of an accurate legislative summary substantially complied with the constitutional publication requirement despite the failure to publish the amendment's full text. The court also held that the challenger's request for an evidentiary hearing was forfeited because he did not renew or meaningfully pursue it when the circuit court proceeded to decide the case without live testimony. The court determined that the challenge was justiciable and reviewed the constitutional and mandamus issues de novo.