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T. WESTON, INC. v. MINERAL COUNTY

No. 32890.

638 S.E.2d 167 (2006)

T. WESTON, INC., Plaintiff v. MINERAL COUNTY, West Virginia and County Commission of Mineral County, West Virginia, et al., Defendants.

Supreme Court of Appeals of West Virginia.

Decided June 29, 2006.

Dissenting Opinion of Justice Benjamin July 27, 2006.

Attorney(s) appearing for the Case

Stephen G. Jory, Harry A. Smith, III, Jory & Smith, Elkins; J. Michael Murray, Berkman, Gordon, Murray & DeVan, Cleveland, OH, Pro Hac Vice, for Plaintiff.

J. Robert Russell, James C. Stacy, Pullin, Fowler & Flanagan, Morgantown, for Defendants.

STARCHER, J.:

In this case, we are asked to decide whether a county commission in a county that has created a planning commission under W.Va. Code, 8-24-1, et seq.1 may enact an ordinance regulating the location of "exotic entertainment" businesses pursuant to W.Va.Code, 7-1-3jj(b) [2002]. We hold that such a county may not do so. We do not address the issue of whether the county may have such authority under other...

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