PRETE v. CITY OF MORGANTOWN

No. 22303.

456 S.E.2d 498 (1995)

193 W.Va. 417

James A. PRETE, Plaintiff Below, Appellee, v. CITY OF MORGANTOWN, a Municipal Corporation, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided March 24, 1995.


Attorney(s) appearing for the Case

Stephen R. Fanok, Patrick McGinley, Morgantown, for appellant.

David J. Straface, Angotti & Straface, L.C., Morgantown, for appellee.


PER CURIAM:

In this appeal, the appellant, the City of Morgantown, claims that the Circuit Court of Monongalia County erred in issuing a writ of mandamus directing it to rezone certain property owned by James A. Prete. The City contends that the appropriateness of the rezoning was fairly debatable and that, under the "fairly debatable" standard followed by this Court, the circuit court improperly interfered with its zoning decision.

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