By Associated Press - Tuesday, September 11, 2018

CHARLESTON, W.Va. (AP) - A West Virginia judge has dismissed a lawsuit filed by a Democratic state delegate against Republican Gov. Jim Justice demanding that he live in the county where West Virginia’s capital city is located.

News outlets reported a judge threw out the suit on Monday because Assistant Minority Whip Isaac Sponaugle didn’t provide the state advanced notice of the lawsuit. Sponaugle says he plans to refile the petition.

Sponaugle submitted a writ of mandamus requesting Kanawha County Circuit Court order Justice to live in the county. Justice has said several times that he does not live at the governor’s mansion in Charleston, but at his Lewisburg home in Greenbrier County.

The state constitution requires the governor to live at the government’s seat. An attorney for Justice has said the governor complies with the constitution.

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