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FAF, LLC v. JEFFERSON COUNTY BZA

No. 33438.

664 S.E.2d 137 (2008)

FAR AWAY FARM, LLC, Petitioner Below, Appellant v. JEFFERSON COUNTY BOARD OF ZONING APPEALS, a Public Body, Thomas Trumble, Member, Jeff Bresee, Member, and Tiffany Hine, Chair, Respondents Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided April 17, 2008.

Attorney(s) appearing for the Case

Peter L. Chakmakian, Esq., Charles Town, WV and Richard G. Gay, Esq., Nathan P. Cochran, Esq., Law Office of Richard G. Gay, Berkeley Springs, WV, for Far Away Farm, LLC.

Stephanie F. Grove, Esq., Assistant Prosecuting Attorney, Charles Town, WV, for Jefferson County Board of Zoning Appeals.

Linda M. Gutsell, Esq., Charles Town, WV, for Edward E. Dunleavy and Edward R. Moore.

PER CURIAM:

This case is before this Court upon appeal of a final order of the Circuit Court of Jefferson County entered on September 18, 2006. In that order, the circuit court affirmed a decision of the appellee and respondent below, the Jefferson County Board of Zoning Appeals (hereinafter "BZA"),1 which denied the request of the appellant and petitioner below, Far Away Farm, LLC (hereinafter

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