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FOSTER v. ORCHARD DEVELOPMENT CO., LLC

No. 35308.

705 S.E.2d 816 (2010)

Jason FOSTER, Plaintiff Below, Appellant v. ORCHARD DEVELOPMENT COMPANY, LLC, a West Virginia Limited Liability Company, and Peteler, LLC, a West Virginia Limited Liability Company, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 23, 2010.

Attorney(s) appearing for the Case

Gregory A. Bailey, Esq. , Christopher P. Stroech, Esq. , Arnold & Bailey, PLLC, Shepherdstown, WV, Attorneys for Appellant.

Joseph L. Caltrider, Esq. , Bowles, Rice, McDavid, Graff & Love, Martinsburg, WV, Attorney for Appellee Orchard Development Company, LLC.

PER CURIAM:

I.

FACTUAL AND PROCEDURAL HISTORY

This appeal arises from the denial of a permanent injunction to stop the building of townhouses as well as a grant of summary judgment in favor of the appellees, Orchard Development Company, LLC (hereinafter referred to as "Orchard") and Peteler, LLC (hereinafter referred to as "Peteler"), and against the appellant Jason Foster, regarding the applicability...

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