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JEFFERSON UTILITIES v. JEFFERSON COUNTY

No. 32559, 32560, 32561.

624 S.E.2d 873 (2005)

218 W.Va. 436

JEFFERSON UTILITIES, INC., Petitioner Below, Appellant, v. JEFFERSON COUNTY BOARD OF ZONING APPEALS, Respondent Below, Appellee. Jan Cary Kletter, et al., Petitioners Below, Appellees v. Jefferson County Board of Zoning Appeals, Respondent Below, Appellee, and Elmer Lee Roderick, et al., Intervenors Below, Appellees. Buckeye Development, Appellant Jan Cary Kletter, et al., Petitioners Below, Appellees, v. Jefferson County Board of Zoning Appeals, Respondent Below, Appellant. and Elmer Lee Roderick, et al., Intervenors Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 30, 2005.

Attorney(s) appearing for the Case

Gregory K. Jones, Assistant Prosecuting Attorney, Charles Town, for Jefferson County Board of Zoning Appeals.

David M. Hammer, Hammer, Ferretti & Schiavoni, Martinsburg, for Elmer Lee Roderick.

Richard G. Gay, Nathan P. Cochran, R. Greg Garretson, Law Office of Richard Gay, Berkeley Springs, Peter L. Chakmakian, Charles Town, for Buckeye Development, LLC, and Jefferson Utilities, Inc.

Michael D. Lorensen, Bowles Rice McDavid Graff & Love, Martinsburg, for Paul Raco.

ALBRIGHT, Chief Justice:

Presented through this consolidated appeal is the meaning of the term "public water" for zoning related decisions arising under both state and local laws in effect in Jefferson County, West Virginia. After careful consideration of this issue, we determine that Appellant Jefferson Utilities, Inc. ("Jefferson Utilities"), as a public utility within the meaning of West Virginia law, is providing "public water" within the meaning of the local...

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