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  5. 284 S.E.2d 856 (1981)
 

DeCOALS, INC. v. BD. OF ZONING APPEALS, ETC.

No. 14568.

284 S.E.2d 856 (1981)

DeCOALS, INC. v. BOARD OF ZONING APPEALS OF CITY OF WESTOVER Francis Teter, etc., et al.

Supreme Court of Appeals of West Virginia.

December 2, 1981.

Attorney(s) appearing for the Case

Steptoe & Johnson, Susan S. Brewer and Robert M. Steptoe, Jr., Clarksburg, Haden & Heiskell and Charles H. Haden, Morgantown, for appellant.

Solomon & Solomon and David L. Solomon, Morgantown, for appellees.

HARSHBARGER, Chief Justice:

DeCoals, Inc. asked us to reinstate its building permit that was rescinded by the Board of Zoning Appeals of Westover, Monongalia County.

In 1976, Westover's mayor approved DeCoals' application for a permit to construct a coal tipple on its "industrial" zoned Monongahela riverside property, in which zone another tipple has operated for many years. DeCoals had previously received permits from the West Virginia Department of Natural...

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