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McFILLAN v. BERKELEY COUNTY PLANNING COM.

No. 21667.

438 S.E.2d 801 (1993)

190 W.Va. 458

Marion V. McFILLAN, Jr., Plaintiff Below, Appellant, v. BERKELEY COUNTY PLANNING COMMISSION, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 13, 1993.

Attorney(s) appearing for the Case

Michael L. Scales, Greenberg & Scales, Martinsburg, for appellant.

Janet L. Scalia, Asst. Pros. Atty., for Berkeley County, Martinsburg, for appellee.

MILLER, Justice:

Marion V. McFillan, Jr., the appellant and plaintiff below, appeals a final order of the Circuit Court of Berkeley County, dated December 3, 1992, denying his request for an exemption from complying with the Berkeley County Subdivision Regulations (Regulations). On appeal, the plaintiff argues, under several legal theories, that he should be allowed to expand his mobile home park notwithstanding the Regulations...

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