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JEFFERSON CTY. CITIZENS v. COUNTY COM'N

No. 34583.

686 S.E.2d 16 (2009)

JEFFERSON COUNTY CITIZENS FOR ECONOMIC PRESERVATION, a non-profit corporation, Petitioner below, Appellee v. COUNTY COMMISSION OF JEFFERSON COUNTY, a public body; Archibald M.S. Morgan, President and Member; Dale Manuel, Member; James Surkamp, Member; Gregory Corliss, Member; and Jane Tabb, Member, Respondents below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided September 24, 2009.

Attorney(s) appearing for the Case

James Casimiro, III, Esq., Assistant Prosecuting Attorney, Charles Town, WV, for Appellants.

Richard G. Gay, Esq., Nathan P. Cochran, Esq., Law Office of Richard G. Gay, Berkeley Springs, WV, Peter L. Chakmakian, Esq., Alice Chakmakian, Esq., Charles Town, WV, for Appellee.

KETCHUM, Justice.

This declaratory judgment action is before this Court upon the appeal of the County Commission of Jefferson County, West Virginia, (hereinafter "appellant" or "County Commission") from the February 26, 2008, order of the Circuit Court of Jefferson County granting summary judgment in favor of an entity known as Jefferson County Citizens for Economic Preservation (hereinafter "appellee"). In the proceedings below, the appellee, a non-profit corporation...

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