CHARLESTON, WV (WOWK) — Since former West Virginia Delegate Derrick Evans stormed the U.S. Capitol and later resigned, there has been a lot of controversy over who would replace him.

Today the case over the vacant 19th District House Delegate seat was seen by the West Virginia Supreme Court.

“The Wayne County Republican Executive Committee is the party that is entitled to clear relief in this case. It’s not the State GOP, it’s not the acting chairman, it’s not the governor,” said the Wayne County Republican Committee attorney, John Bryan.

But attorneys for the governor say Booth was rightfully appointed.

“So what the governor did was he received the first letter that was facially invalid and then he acted on a second letter that came from the entity that is specifically described in the statute,” said West Virginia Solicitor General, Lindsay See.

Jay Marcum who was on the original list of candidates and not the second list believes that the state party acted unlawfully.

“This whole situation and to change it around to manipulate the process is horrible. I mean it is bad enough that we are here because of the actions of Mr.Evans and him resigning,” said Marcum.

The West Virginia Supreme Court officially denied the Wayne County Republicans’ petition and ruled in favor of Governor Jim Justice.

Tomorrow the Wst Virginia Legislature session will resume. Governor Justice’s appointee, Joshua Booth, will be able to participate in legislature action now that a decision has been made.