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§ 8-11-2 — West Virginia Law | CourtGPT
  1. Home/
  2. Laws/
  3. West Virginia/
  4. Chapter 8 - Municipal Corporations/
  5. Article 11 - Powers and Duties with Respect to Ordinances and Ordinance Procedures§8-11-1a. Disposition of Criminal Costs Into State Treasury Account for Regional Jail and Correctional Facility Authority Fund/
  6. § 8-11-2
West Virginia Legal Code

§ 8-11-2

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The fact that an ordinance vests in the governing body or some other body or officer a discretion to do, or refuse to do, a given thing, shall not invalidate such ordinance when it would be impracticable to lay down by ordinance for all cases a uniform guide for exercising such discretion. This section shall not be construed to mean that a delegation of discretion in any other case shall necessarily invalidate an ordinance. However, if, in any case, a delegated discretion is exercised in an arbitrary or discriminatory manner, such ordinance, as so applied, shall be unlawful and void.