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HOCK v. CITY OF MORGANTOWN

No. 14245.

253 S.E.2d 386 (1979)

Kenneth J. HOCK et al. v. The CITY OF MORGANTOWN, etc., et al.

Supreme Court of Appeals of West Virginia.

April 3, 1979.

Attorney(s) appearing for the Case

Baker & Armistead, Charles S. Armistead, Morgantown, Bailey, Byrum & Vieweg, George G. Bailey, John Preston Bailey, Wheeling, for appellants.

Wilson & Frame, Clark B. Frame, S. J. Angotti, Morgantown, for appellees.

NEELY, Justice:

This appeal arises from a declaratory judgment action instituted in the Circuit Court of Monongalia County to test the validity of an amendment to the Morgantown zoning ordinance. Appellants, Morgantown landowners, contend that the amendment, which permits businesses and multiple unit dwellings to be built in an area previously zoned for single family residences only, is ineffective because it did not receive the approval of four-fifths of the City...

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