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HOSE v. BERKELEY COUNTY PLANNING COM'N

No. 22537.

460 S.E.2d 761 (1995)

194 W.Va. 515

Larry B. HOSE and Delores F. Hose, Plaintiffs Below, Appellants, v. The BERKELEY COUNTY PLANNING COMMISSION; William J. Teach, P.E., County Engineer; Williamsport Storage Bins, Inc., a Maryland Corporation; Todd Snook; and Fox and Associates, Inc., a Maryland Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 14, 1995.

Attorney(s) appearing for the Case

Carolyn Sue Daniel, Shepherdstown, for appellants.

Janet L. Scalia, Asst. Pros. Atty., Martinsburg, Carol Ann Marunich, Furbee Amos Webb & Critchfield, Fairmont, for Berkeley County Planning Com'n and William J. Teach.

John M. Martirano, Patrick J. Nooney, Steptoe & Johnson, Hagerstown, MD, for Williamsport Storage Bins, Inc. and Todd Snook.

Anita R. Casey, Meyer, Darragh, Buckler, Bebenek & Eck, Charleston, for Fox and Associates, Inc.

McHUGH, Chief Justice:

Appellants Larry and Delores Hose instituted an action in the Circuit Court of Berkeley County, West Virginia seeking damages from appellees for changing the flow of surface water which resulted in the flooding of appellants' property. By order of March 10, 1994, the circuit court granted appellees Berkeley County Planning Commission and county engineer William Teach's motion for summary judgment...

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