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ATC v. COMMON COUNCIL OF CITY OF BECKLEY

No. 29177.

557 S.E.2d 752 (2001)

210 W.Va. 345

AMERICAN TOWER CORPORATION, Petitioner Below, Appellee, v. COMMON COUNCIL OF the CITY OF BECKLEY, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 10, 2001.

Dissenting Opinion of Justice Starcher December 13, 2001.

Dissenting Opinion of Chief Justice McGraw January 11, 2002.

Attorney(s) appearing for the Case

Ancil G. Ramey, Steptoe & Johnson, Charleston, for the Appellant.

J. Michael Weber, Spilman Thomas & Battle, PLLC, Parkersburg, Carol A. Steinour, Marilyn McClure-Nemers, McNees, Wallace & Nurick, Harrisburg, PA, Anita R. Casey, MacCorkle, Lavender & Casey, PLLC, Charleston, for the Appellee.

Dennis R. Vaughan, Jr., Vaughan Law Firm, Charleston, for Amicus Curiae, the West Virginia Municipal League, Inc.

DAVIS, Justice.

The appellant herein and respondent below, Common Council of the City of Beckley [hereinafter referred to as "the Council"], appeals from an order entered October 25, 2000, by the Circuit Court of Raleigh County. In that order, the circuit court ruled that the Council had acted in derogation of the governing statutory law, W. Va.Code § 8-24-55(3) (1969) (Repl. Vol. 1998),1 when it set aside the decision of the City...

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