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COFFMAN v. NICHOLAS COUNTY COM'N

No. 15-1223.

796 S.E.2d 591 (2017)

Tony COFFMAN, Robert Marsh, Mary Marsh, James Marsh and Marilyn Marsh, Plaintiffs Below, Petitioners v. NICHOLAS COUNTY COMMISSION and its Members, Dr. Yancy S. Short, M.D.; John R. Miller; and Kenneth Altizer, Individually and in their Official Capacities, and Checks Auto Parts, LLC, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: February 9, 2017.

Attorney(s) appearing for the Case

W. Henry Jernigan , Mary R. Rowe Litman , Arie M. Spitz , Dinsmore & Shohl, LLP, Charleston, West Virginia, Attorneys for the Petitioners.

Charles R. Bailey , Michael W. Taylor , Bailey & Wyant, PLLC, Charleston, West Virginia, Attorneys for the Respondents.

This appeal was brought by the Petitioners, Tony Coffman, Robert Marsh, Mary Marsh, James Marsh, and Marilyn Marsh (collectively, "Petitioners"), plaintiffs below, from an order of the Circuit Court of Nicholas County that, in part, granted summary judgment in favor of the Respondents, Nicholas County Commission and its members,...

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