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  5. 298 S.E.2d 148 (1982)
 

KAUFMAN v. PLANNING & ZONING COM'N, ETC.

No. 15496.

298 S.E.2d 148 (1982)

Harry KAUFMAN & Gold Construction Co. v. The PLANNING & ZONING COMM. OF the CITY OF FAIRMONT, et al. RSPD. Below, Suzanne Kennedy, et al.

Supreme Court of Appeals of West Virginia.

November 24, 1982.

Attorney(s) appearing for the Case

Philip C. Petty, Rose, Southern & Padden, Fairmont, for appellant.

George R. Higinbotham, Higinbotham & Higinbotham, J. Scott Tharp, Tharp, Liotta & James, Fairmont, for appellees.

McGRAW, Justice:

The appellants appeal an order of the Marion County Circuit Court affirming the Fairmont Planning and Zoning Commission's rejection of a subdivision plat submitted for its approval. The appellants are Harry Kaufman, the owner of 44 acres of land located in the southern part of Fairmont known as Watson Hill, and Gold Construction Co. [Gold], the firm which submitted the plat to the Zoning and Planning Commission...

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