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ANDERSON v. CITY OF WHEELING

No. 12510.

149 S.E.2d 243 (1966)

Harry J. ANDERSON et al. v. The CITY OF WHEELING, West Virginia, etc., et al.

Supreme Court of Appeals of West Virginia.

Decided July 12, 1966.

Attorney(s) appearing for the Case

Bachmann, Hess, Bachmann & Garden, Gilbert S. Bachmann, Wheeling, for plaintiffs in error.

George G. Bailey, George B. Vieweg, III, Wheeling, for defendants in error.

BERRY, Judge:

The petitioners, Harry J. Anderson, et al., instituted this proceeding in mandamus in the Circuit Court of Ohio County, West Virginia in September, 1964 to compel the defendants, The City of Wheeling, a municipal corporation, et al., to change the zoning classification of the petitioners' property from residential to commercial. The defendants demurred to the petition. The Circuit Court sustained the demurrer and dismissed the petition by a final order...

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