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G-M REALTY, INC. v. CITY OF WHEELING

No. 12038.

120 S.E.2d 249 (1961)

G-M REALTY, INC. v. CITY OF WHEELING et al.

Supreme Court of Appeals of West Virginia.

Decided June 6, 1961.

Attorney(s) appearing for the Case

George G. Bailey, Jeremy C. McCamic, Wheeling, for plaintiffs in error.

Handlan, Garden, Matthews & Hess, Lester C. Hess, Wheeling, for defendant in error.

GIVEN, Judge.

In this proceeding, a writ of error to a judgment of the Circuit Court of Ohio County entered on September 26, 1959, we are required to determine whether a zoning ordinance of the City of Wheeling so discriminates against rights or property of the plaintiff, G-M Realty, Inc., as to render the ordinance invalid in so far as it applies to or affects such rights or property. The circuit court found and held that the ordinance did so discriminate against...

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