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HENRY v. JEFFERSON COUNTY COM'N

Nos. 09-1546, 09-2021.

637 F.3d 269 (2011)

Aubrey E. HENRY; Deborah V. Henry, Plaintiffs-Appellants, v. JEFFERSON COUNTY COMMISSION; Jefferson County Planning and Zoning Commission; Shepherdstown Men's Club Foundation, Incorporated; Ledge Lowe Homeowner's Association; William E. Lewandowski; Joyce Ann Lewandowski; Richard Super; Dan Marken; John Sims; Thomas Kane; John Does I-V, Defendants-Appellees. Aubrey E. Henry; Deborah V. Henry, Plaintiffs-Appellants, v. Jefferson County Commission; Jefferson County Planning and Zoning Commission; Shepherdstown Men's Club Foundation, Incorporated; Ledge Lowe Homeowner's Association; William E. Lewandowski; Joyce Ann Lewandowski; Richard Super; Dan Marken; John Sims; Thomas Kane; John Does I-V, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 3, 2011.

Attorney(s) appearing for the Case

ARGUED: Linda M. Gutsell , Martinsburg, West Virginia; David Hart Nelson , Charlottesville, Virginia, for Appellants. James Robert Russell , Shuman, McCuskey & Slicer, PLLC, Morgantown, West Virginia; Braun A. Hamstead , Hamstead & Associates, LC, Martinsburg, West Virginia, for Appellees. ON BRIEF: Tamara J. DeFazio , Shuman, McCuskey & Slicer, PLLC, Morgantown, West Virginia, for Appellees Jefferson County Commission, Jefferson County Planning and Zoning Commission, William E. Lewandowski, Dan Marken, John Sims, and Thomas Kane.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Senior Judge DUFFY joined.

OPINION

WILKINSON, Circuit Judge:

We are asked once again to intervene in a decades-old land-use dispute between Aubrey Henry and the sundry local government bodies and neighboring residents who played a part in turning back his development plans. Henry chiefly alleges that the defendants took his property by granting him a less intensive conditional use permit than the one to which he claims he was entitled. Because he had no such entitlement and because...

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