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STATE v. CITY OF BECKLEY

Case No. 10161.

57 S.E.2d 263 (1949)

STATE ex rel. BAER et al. v. CITY OF BECKLEY et al.

Supreme Court of Appeals of West Virginia.

Decided December 6, 1949.

Attorney(s) appearing for the Case

Mahan, White & Higgins, Fayetteville, Chas. E. Mahan, Fayetteville, for plaintiffs in error.

Scherer, Bowers & File, Beckley, W. H. File, Jr., Beckley, Joseph Luchini, Beckley, for defendants in error.

KENNA, Judge.

On August 17, 1948, J. Leonard Baer, later joined by Rose R. Baer, his wife, a co-owner, filed his petition in the Circuit Court of Raleigh County seeking a writ of mandamus against the City of Beckley, a municipal corporation, to require that city, through its Planning Commission, to grant petitioners a "special use permit" to construct a business building to be used as a market upon their jointly owned lot on the northwest corner of South Kanawha Street...

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