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FAIRLAWNS HOMES, INC. v. CITY OF MORGANTOWN

No. 12963.

182 S.E.2d 48 (1971)

FAIRLAWNS HOMES, INC., a Corporation v. The CITY OF MORGANTOWN, West Virginia, etc., et al.

Supreme Court of Appeals of West Virginia.

Decided June 22, 1971.

Attorney(s) appearing for the Case

Michael Tomasky, Robert B. Stone, Morgantown, for appellant.

Frank J. DePond, William A. Moreland, Morgantown, for appellees.

BROWNING, Judge:

This is an appeal by Fairlawns Homes, Inc., a corporation, petitioner below, in a mandamus proceeding instituted in the Monongalia County Circuit Court against the City of Morgantown, a municipal corporation, and the Common Council of said city.

Fairlawns Homes, hereinafter referred to as appellant, is the owner of a subdivision known as Pheasant Hills in Morgantown. In February of 1965, appellant began plans to subdivide and, pursuant thereto...

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