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ASHBAUGH v. CORPORATION OF BOLIVAR

No. 33910.

679 S.E.2d 573 (2009)

Paul L. ASHBAUGH and Ashbaugh Custom Builders, LLC, Plaintiffs Below, Appellants v. The CORPORATION OF BOLIVAR, a West Virginia Municipality, et al., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided February 6, 2009.

Attorney(s) appearing for the Case

Richard G. Gay, Nathan P. Cochran, Law Office of Richard G. Gay, Berkeley Springs, WV, for the Appellants.

Michael D. Lorensen, Johnna L. Faber, Bowles Rice McDavid Graff & Love, Martinsburg, WV, for the Appellee.

PER CURIAM.1

Paul L. Ashbaugh and Ashbaugh Custom Builders, LLC appeal from the August 10, 2007, order of the Circuit Court of Jefferson County granting summary judgment to the Corporation of Bolivar ("Bolivar") in a property development case. At issue below was whether the enactment of an ordinance by the Bolivar Town Council ("Town Council") that prevented the connection of privately constructed roads or streets to existing town roads...

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