Judge Phillip Gaujot denied the Monongalia County Commission's request for an injunction in Westover's continued attempts at annexation Wednesday.
Gaujot said if Westover wants to pursue the annexation in the future, it can, according to Commissioner Bill Bartolo.
During its final meeting of the year on Wednesday, Monongalia County Commission presented its memorandum on annexation denial to the city of Westover.
Last August, it denied annexation of the Morgantown Mall by a 2 to 1 vote.
In October, President Bill Bartolo released his dissenting position.
Westover Mayor Dave Johnson said city council will review the opinion before proceeding.
"The process will be that I have to read this, get a copy to everybody on council, talk to legal counsel as well, and then we'll try to make a decision on what our best path may be in the very near future," Johnson said.
Johnson said the city may appeal the decisions or reapply for annexation.