GRADY v. CITY OF ST. ALBANS

No. 14745.

297 S.E.2d 424 (1982)

J.W. GRADY, et al. v. CITY OF ST. ALBANS, etc.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion October 26, 1982.


Attorney(s) appearing for the Case

Boettner & Crane and John Boettner, Jr., Charleston, for appellants.

Herbert W. Bryan, St. Albans, Martin C. Bowles, Charleston, for appellees.


MILLER, Chief Justice:

This is an appeal by J.W. and Alberta Grady, J.W. Gray, and J.F. and Rada Finley from a final order of the Circuit Court of Kanawha County entered May 15, 1979, granting their motion for a summary judgment, but denying them damages.

The appellants originally brought this action seeking to set aside a zoning ordinance of the City of St. Albans, the appellee, as adopted by the City Council on February 1, 1971. The appellants alleged in...

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