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BURKEY v. BOARD OF ZONING APPEALS

No. 31060.

584 S.E.2d 215 (2003)

213 W.Va. 581

Michael J. BURKEY and Linda Burkey, Petitioners Below, Appellants, v. THE BOARD OF ZONING APPEALS OF THE CITY OF MOUNDSVILLE BY ITS CHAIRPERSON, Ruth Lynn Thompson; and Jeannie Church DBA Jeannie's Coffee Shop; Francis Tucker, Individually and as an Officer of Mound City, Inc., a Corporation, Respondents Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 2, 2003.

Attorney(s) appearing for the Case

Michael J. Burkey, Esq., Linda Burkey, Esq., Burkey & Burkey, Moundsville, pro se.

Randy Dean Gossett, Esq., Law Offices of Randy Dean Gossett, Wheeling, for Jeannie Church and Francis Tucker.

David C. White, Esq., Neiswonger & White, Moundsville, for the Board of Zoning Appeals of the City of Moundsville.

PER CURIAM.

This case is before this Court upon the appeal of Michael J. Burkey and Linda Burkey from the final order of the Circuit Court of Marshall County entered on March 6, 2002. Pursuant to the order, the Circuit Court upheld a ruling of the Board of Zoning Appeals of the City of Moundsville which granted the appellees, Jeannie Church and Francis Tucker, a variance from the City's zoning ordinances. Specifically, the variance allowed the appellees to seek a...

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