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JEFFERSON ORCHARDS v. ZONING BD. OF APPEALS

No. 35129.

693 S.E.2d 781 (2010)

JEFFERSON ORCHARDS, INC., Petitioner below, Appellant v. JEFFERSON COUNTY ZONING BOARD OF APPEALS, a Public Body; Paul Raco, Zoning Administrator; Thomas Trumble, Member; Edwin T. Kelly, II, Member; Tiffany Hine, Chairperson; Christy Huddle, Member; and Frances Morgan, Member, Respondents below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided April 5, 2010.

Attorney(s) appearing for the Case

Ancil G. Ramey, Esq., Steptoe & Johnson, Charleston, WV, Peter L. Chakmakian, Esq., Charles Town, WV, for the Appellees.

Stephanie F. Grove, Esq., Assistant Prosecuting Attorney, Jefferson County Prosecutor's Office, Charles Town, WV, Gregory A. Bailey, Esq., Arnold & Bailey, Shepherdstown, WV, for the Intervenors.

Richard G. Gay, Esq., Nathan P. Cochran, Esq., Berkeley Springs, WV, for the Appellant.

KETCHUM, Justice:

This matter concerns a conditional use permit issued to the appellant, Jefferson Orchards, Inc., to construct a residential subdivision, consisting of a number of single family dwellings, on its property in Jefferson County, West Virginia. The proposed subdivision, to be known as Paynes Ford Station, is located in a rural-agricultural zoned district of Jefferson County. The appellant contends that the conditional use permit, as modified and restricted...

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