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SHERWOOD LAND v. MUNICIPAL PLANNING COM'N

No. 19762.

413 S.E.2d 411 (1991)

SHERWOOD LAND COMPANY, a West Virginia Corporation, Plaintiff Below, Appellant, v. MUNICIPAL PLANNING COMMISSION OF THE CITY OF CHARLESTON, Barbara Wilkerson, President (Chairman) of the Municipal Planning Commission of Charleston, and Ruth Elam, Secretary of the Municipal Planning Commission of Charleston, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 19, 1991.

Rehearing Denied February 13, 1992.

Attorney(s) appearing for the Case

Henry R. Glass, III, Lovett, Cooper & Glass, Charleston, for appellant.

John R. Hoblitzell, Karen Speidel Rodgers, Kay, Casto, Chaney, Love & Wise, Charleston, for appellees.

PER CURIAM:

This case is before us on appeal by the Sherwood Land Company, a West Virginia corporation, from a final order entered May 4, 1990, in the Circuit Court of Kanawha County, which affirmed the actions of the Charleston Municipal Planning Commission (MPC) in withdrawing its approval of the preliminary plat submitted for an addition to the Sherwood Forest Subdivision. The circuit court found that the MPC's decision to reconsider its approval was both procedurally...

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