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MIERNYK v. BOARD OF ZONING APPEALS

No. 13068.

181 S.E.2d 681 (1971)

William H. MIERNYK et al. v. BOARD OF ZONING APPEALS OF CITY OF MORGANTOWN, etc., et al.

Supreme Court of Appeals of West Virginia.

Decided June 15, 1971.

Attorney(s) appearing for the Case

Farmer & Farmer, George R. Farmer, Jr., John W. Fisher, II, Morgantown, for plaintiffs in error.

Frank J. DePond, Morgantown, for defendant in error Zoning Board and City of Morgantown.

David L. Solomon, Morgantown, for defendant in error Lillian M. Harding.

BROWNING, Judge:

This is a writ of error from a final judgment of the Circuit Court of Monongalia County dated September 17, 1970, affirming, upon a writ of certiorari, a final order of the Board of Zoning Appeals of the City of Morgantown, dated May 20, 1970.

In February of 1970, Lillian V. Harding, one of the defendants in error herein, applied to the Morgantown city manager for a building permit to allow her to convert the basement of a duplex apartment...

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