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KAHLBAUGH v. A-1 AUTO PARTS

No. 18856.

391 S.E.2d 382 (1990)

David J. KAHLBAUGH v. A-1 AUTO PARTS, a Partnership, W.L. Merinar and Carl E. Koontz, Owners.

Supreme Court of Appeals of West Virginia.

March 23, 1990.

Attorney(s) appearing for the Case

Rodney T. Berry, Diana H. Crutchfield, Berry & Kessler, Moundsville, for David J. Kahlbaugh.

Randolf E. Richardson, Ronald W. Kasserman, Seibert, Kasserman, Farnsworth, Gillenwater, Glauser & Richardson, Wheeling, for A-1 Auto Parts, W.L. Merinar and Carl E. Koontz.

PER CURIAM:

In this appeal, David J. Kahlbaugh and the other appellants claim that the Circuit Court of Marshall County erred in refusing to enjoin the operation of an automobile salvage yard in their neighborhood. They claim that their neighborhood is a residential area, that, under the circumstances, the salvage yard constitutes a nuisance, and that the circuit court should have enjoined its operation. After reviewing the record and the questions presented, this...

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