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JENKINS v. CITY OF GALLIPOLIS

No. 99 CA 3.

135 Ohio App.3d 611 (1999)

JENKINS, Appellant, v. CITY OF GALLIPOLIS et al., Appellees.

Court of Appeals of Ohio, Fourth District, Gallia County.

Decided November 16, 1999.

Attorney(s) appearing for the Case

William N. Eachus and Jeffrey L. Finley, for appellant.

Douglas M. Cowles, for appellee city of Gallipolis.

Smith & Hale and Glen A. Dugger, for appellee JDN Development Co., Inc.

Per Curiam.

This is an appeal from a Gallia County Common Pleas Court judgment dismissing an administrative appeal by R. William Jenkins, plaintiff below and appellant herein, from a decision by the Gallipolis City Planning Commission granting an application for "conditional use" to build a Wal-Mart store in the City of Gallipolis, Ohio. The following error is assigned for our review:

"The trial court erred as a matter of law and abused its discretion...

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