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CITY OF MARTINSBURG v. BERKELEY COUNTY

No. 18-0182.

825 S.E.2d 332 (2019)

CITY OF MARTINSBURG, West Virginia, Defendant below, Petitioner v. The BERKELEY COUNTY COUNCIL and The Berkeley County Building Commission Plaintiffs below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: March 15, 2019.

Attorney(s) appearing for the Case

Floyd McKinley Sayre, III, Esq. , J. Tyler Mayhew, Esq. , BOWLES RICE LLP, Martinsburg, West Virginia, Counsel for Petitioner.

Christopher C. Luttrell, Esq. , Luttrell LC, Martinsburg, West Virginia, Counsel for Respondents.

Jerome Radosh, Martinsburg, West Virginia, Amicus Curiae, Pro Se.

The Berkeley County Council and the Berkeley County Building Commission (County) filed suit against the City of Martinsburg (City) seeking a ruling that real property owned by the County but located within the City limits is not subject to the City's zoning ordinances. Problematically, the complaint reveals no actual, justiciable...

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