FAIRMONT, W.Va. -- A Marion County commissioner has withdrawn a lawsuit he filed against his two colleagues over the handling of the county's smoking ban.

Commissioner Wayne Stutler says he dropped the lawsuit because he doesn't have the money to pursue it himself, and didn't want tax dollars to be spent over the litigation.

Stutler, a Republican, had claimed the commission acted outside its authority in removing a Republican from the county health board and by postponing a smoking ban.

Commissioner Randy Elliott, one of the officeholders named in the lawsuit, said at a Wednesday meeting that Stutler's decision to drop the matter vindicates the other commission members.

FAIRMONT, W.Va. -- A Marion County commissioner has withdrawn a lawsuit he filed against his two colleagues over the handling of the county's smoking ban.

Commissioner Wayne Stutler says he dropped the lawsuit because he doesn't have the money to pursue it himself, and didn't want tax dollars to be spent over the litigation.

Stutler, a Republican, had claimed the commission acted outside its authority in removing a Republican from the county health board and by postponing a smoking ban.

Commissioner Randy Elliott, one of the officeholders named in the lawsuit, said at a Wednesday meeting that Stutler's decision to drop the matter vindicates the other commission members.