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O'DANIELS v. CITY OF CHARLESTON

No. 23735.

490 S.E.2d 800 (1997)

200 W.Va. 70

Henry O'DANIELS, Jr., Petitioner Below, Appellee, v. CITY OF CHARLESTON, a Municipal Corporation, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 15, 1997.

Attorney(s) appearing for the Case

G. Nicholas Casey, Jr., Chad B. McIntosh, Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, for Appellee.

Robert A. Goldberg, James P. McHugh, King, Allen & Guthrie, Charleston, for Appellant.

STARCHER, Justice:

This action is an appeal of a circuit court order granting a writ of mandamus compelling the respondent City of Charleston ("City") to remove fences which the petitioner below alleges blocks travel on a City street. Because the petitioner below failed to join the owner of the fences at issue, and because the circuit court's order fails to define with specificity the boundaries of the City street, we reverse...

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