STOP AND SHOP v. BD. OF ZONING APPEALS

No. 19197.

399 S.E.2d 879 (1990)

STOP AND SHOP, INC. v. BOARD OF ZONING APPEALS OF WESTOVER, W.V., et al.

Supreme Court of Appeals of West Virginia.

November 29, 1990.


Attorney(s) appearing for the Case

Michelle C. Widmer, Westover, for Stop and Shop, Inc.

Mary Kay Hansen, Morgantown, for City of Westover.

Robert Dinsmore, Morgantown, for Intervenors.


NEELY, Chief Justice:

This is an appeal from an order of the Circuit Court of Monongalia County denying appellant, Stop and Shop, a writ of mandamus to compel the City of Westover to issue a building permit for Stop and Shop to build a parking lot and driveway on a residential lot adjoining its premises. The proposed parking lot at issue would be located on land now zoned residential and the driveway would send traffic onto Crowl street, a residential street.

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