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MAPLEWOOD ESTATES v. PUTNAM COUNTY

No. 32780.

629 S.E.2d 778 (2006)

218 W.Va. 719

MAPLEWOOD ESTATES HOMEOWNERS ASSOCIATION, an Unincorporated Association, Petitioner Below, Appellee v. PUTNAM COUNTY PLANNING COMMISSION and Sherman and Helene Bennett, Respondents Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided March 31, 2006.

Attorney(s) appearing for the Case

Harvey D. Peyton, The Peyton Law Firm, Nitro, for Sherman and Helene Bennett.

Jennifer D. Scragg, Office of Prosecuting Attorney of Putnam County, Winfield, for Putnam County Planning Commission.

Gordon C. Lane, Kelly M. Young, Brian O. Casto, Lane & Young, Charleston, for Maplewood Estates Homeowners Association.

PER CURIAM:

This case is before this Court upon appeal of a final order of the Circuit Court of Putnam County entered on November 19, 2004. In that order, the circuit court reversed a decision of the Putnam County Planning Commission (hereinafter "the Commission") that granted a variance to Helene and Sherman Bennett which would have allowed them to subdivide their residential property. In this appeal, the appellants and respondents below, the Commission and the Bennetts...

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