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SAMS v. CITY OF WHITE SULPHUR SPRINGS

No. 35531.

704 S.E.2d 723 (2010)

Robert L. SAMS, Petitioner Below, Appellee, v. CITY OF WHITE SULPHUR SPRINGS, Board of Zoning Appeals, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 19, 2010.

Attorney(s) appearing for the Case

J. Steven Hunter, Esq. , Steve Hunter Associates, Lewisburg, WV, for Appellant.

Barry L. Bruce, Esq. , Barry L. Bruce and Associates, Lewisburg, WV, for Appellee.

PER CURIAM:

The instant action is before this Court upon the appeal of the City of White Sulphur Springs, Board of Zoning Appeals ("BZA") from the circuit court's order vacating the BZA's August 11, 2008, order which found Robert Sams's use of his property located at 25 Drewery Avenue, White Sulphur Springs, West Virginia, to be non-conforming with a City zoning ordinance. Herein, the BZA alleges that the circuit court erred in allowing the admission of new evidence...

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