L.M. EVERHART CONST. v. JEFFERSON COUNTY

No. 92-2168.

2 F.3d 48 (1993)

L.M. EVERHART CONSTRUCTION, INCORPORATED, a West Virginia corporation, Plaintiff-Appellee, v. The JEFFERSON COUNTY PLANNING COMMISSION, a municipal corporation, Defendant-Appellant, and Paul J. Raco, Director of Planning of the Jefferson County Planning Commission; H. Richard Flaherty; Robert N. Warren; Cambell E. Tabb; Betty Braxton; Scott Coyle; Charles Lutman; Robert L. Mason; D. Lee Morgan; William Senseny; G. Page Wright, Jr.; Charles B. Clendening, III, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 29, 1993.


Attorney(s) appearing for the Case

Charles F. Printz, Jr., Bowles, Rice, McDavid, Graff & Love, Martinsburg, WV, argued for defendant-appellant.

Michael Lee Scales, Greenberg & Scales, Martinsburg, WV, argued for plaintiff-appellee.

Before MURNAGHAN and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.


OPINION

WILLIAMS, Circuit Judge:

At issue in this case is whether the Jefferson County Planning Commission deprived L.M. Everhart Construction, Inc. (the Company) of vested property rights without due process of law. The Company claimed that the Planning Commission's conditional approval of a residential subdivision plat created a vested property right to develop the subdivision as approved, and that the application of a subsequently enacted zoning ordinance...

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