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STATE EX REL. JEFFERSON CTY. v. WILKES

No. 33500.

655 S.E.2d 178 (2007)

STATE of West Virginia ex rel. JEFFERSON COUNTY BOARD OF ZONING APPEALS, Petitioner, v. Honorable Christopher C. WILKES, Judge of the Circuit Court of Jefferson County; Highland Farms, LLC; and Thorn Hill, LLC, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 20, 2007.

Attorney(s) appearing for the Case

Brandon C.H. Sims, Stephanie F. Grove, Assistant Prosecuting Attorneys, Charles Town, WV, for Petitioner.

James P. Campbell, Esq., Campbell, Miller & Zimmerman, Leesburg, VA, J. Michael Cassell, Esq., Campbell, Miller & Zimmerman, Charles Town, WV, for Respondents.

STARCHER, J.

In this case we decide that a former lawyer for a county's board of zoning appeals cannot represent a private developer before the board in connection with a conditional use permit application that the lawyer worked on while serving as the board's lawyer.

I.

Facts & Background

In the instant case, the petitioner Jefferson County Board of Zoning Appeals ("BZA") contends that attorney J. Michael Cassell ("Mr.Cassell...

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