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SMITH v. BAYER

No. 18684.

388 S.E.2d 851 (1989)

Ronald K. SMITH and Sharon D. Smith, Elaine Mauck and Jesse Mauck, Jr. and Willis and Karen Smallwood v. Donald L. BAYER, Fred L. Blair, Robert S. Butler, Bill Cauffman, Bruce Dehaven, G. Ronald Dunham, Fred D. Gantt, Paul Gregory, Hugh B. Newbraugh, Michael W. Orr, Paul E. Payne, Jr. and Donald Sperow, as members of an unincorporated association known as the Berkeley County Planning Commission.

Supreme Court of Appeals of West Virginia.

Rehearing Denied February 8, 1990.

Attorney(s) appearing for the Case

William H. Martin, Charles Town, for Ronald K. Smith.

Janet Scalia, Martinsburg, for Donald L. Bayer, et al.

WORKMAN, Justice:

This case is before the Court upon an appeal of Ronald K. Smith, Sharon D. Smith, Elaine Mauck, Jesse Mauck, Jr., Willis Smallwood and Karen Smallwood from a November 6, 1987, order of the Circuit Court of Berkeley County dismissing appellants' petition for a writ of mandamus which requested the lower court to require the Berkeley County Planning Commission (hereinafter called Planning Commission) to rescind a permit previously issued for the operation...

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