STATE EX REL. FOSTER v. CITY OF MORGANTOWN

No. 21671.

432 S.E.2d 195 (1993)

189 W.Va. 433

STATE ex rel. Ruel FOSTER, Larry Schwab, Robert Cyphert, Donald Trevorrow, Barbara Hock and Betty McClain, Petitioners, v. The CITY OF MORGANTOWN, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 10, 1993.


Attorney(s) appearing for the Case

Willard D. Lorensen, Morgantown, for petitioners.

Stephen R. Fanok, Brent O. Burton, Morgantown, for respondent.


McHUGH, Justice:

In this original proceeding in mandamus, the petitioners, Ruel Foster, et al., seek to have this Court compel the respondent, the City of Morgantown, to either repeal a zoning ordinance amendment adopted by the city or submit it to a city-wide referendum. The zoning ordinance adopted by the city essentially altered conditional uses of property within designated zones to allow liquor to be served where only beer and wine sales were previously allowed...

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