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POOLE v. BERKELEY COUNTY PLANNING COM'N

No. 23387.

488 S.E.2d 349 (1997)

200 W.Va. 74

Robert B. POOLE, Plaintiff Below, Appellant v. BERKELEY COUNTY PLANNING COMMISSION, a Public Corporation, Defendant Below, Appellee

Supreme Court of Appeals of West Virginia.

Filed June 2, 1997.

Attorney(s) appearing for the Case

Michael L. Scales, Greenberg & Scales, Martinsburg, for Appellant.

Christopher D. Janelle, Henry, Taylor & Janelle, Martinsburg, for Appellee.

PER CURIAM:

This declaratory judgment action is before this Court upon an appeal from the final order of the Circuit Court of Berkeley County, West Virginia, entered on November 15, 1995. The issue before this Court is whether the appellant, Robert B. Poole, the owner of a salvage yard, is entitled to a "grandfather" exception to the permit requirement for the operation of salvage yards promulgated in 1984 by the appellee, the Berkeley County Planning Commission....

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