STATE of West Virginia ex rel. Anita D. BROWN, Executrix of the Estate of Dixie D. Kilham, and Paul L. Ashbaugh, Petitioners
v.
THE CORPORATION OF BOLIVAR, a West Virginia Municipality; Timothy Collins, Mayor, Individually and in His Official Capacity; Mary Rutherford, Individually and in Her Official Capacity; Robert Stewart, in His Official Capacity; John Heafer, in His Official Capacity; Robert Hardy, in His Official Capacity; and Clark Draper, III, in His Official Capacity, Respondents.
John R. Fletcher, Chanda Wright, Don Owen, Amy Owen, Jeffrey A. Aberle, Joe Rouch, Scott L. Butts, Michael Lakey and Jeanette Lakey, Intervenors.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted April 26, 2005.
Decided May 26, 2005.
Attorney(s) appearing for the Case
Richard G. Gay, Nathan P. Cochran, R. Greg Garretson, Law Office of Richard G. Gay, Berkeley Springs, Peter L. Chakmakian, Charles Town, for the Petitioners.
David M. Hammer, Hammer, Ferretti, Schiavoni, Martinsburg, for the Respondents.
Lauren Clingan, Shepherdstown, for the Intervenors.
Supreme Court of Appeals of West Virginia.
PER CURIAM.
Petitioners Anita D. Brown1 and Paul L. Ashbaugh2 seek a writ of mandamus to compel the Town Council of Bolivar ("Town Council") to approve a plat depicting a planned subdivision known as Marmion Hill and to order the Town Council to issue all building permits required in connection with the development of the subdivision. In addition, Petitioners seek attorney's fees and costs related to the filing...
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