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BIRCHFIELD v. ZEN'S DEVELOPMENT, LLC

No. 20-0075.

857 S.E.2d 422 (2021)

Sarah L. BIRCHFIELD, Petitioner v. ZEN'S DEVELOPMENT, LLC, Uptown Properties, LLC, & Kenneth W. McBride, Jr., Respondents.

Supreme Court of Appeals of West Virginia.

Filed: April 16, 2021.

Attorney(s) appearing for the Case

Mark A. Sadd, Esq. , Angela C. Ramsey, Esq. , Lewis Glasser PLLC, Charleston, West Virginia, Counsel for Petitioner.

J. Victor Flanagan, Esq. , Daniel J. Burns, Esq. , Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Beckley, West Virginia, Counsel for Respondent, Zen's Development, LLC.

Chip E. Williams, Esq. , Jared C. Underwood, Esq. , Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Beckley, West Virginia, Counsel for Respondent, Uptown Properties, LLC.

Gerald Hayden, Esq. , Hayden & Associates, LC, Beckley, West Virginia, Counsel for Respondent, Kenneth W. McBride, Jr.

This appeal concerns a party wall agreement between adjoining property owners in Beckley, West Virginia. Petitioner, Sarah L. Birchfield ("Petitioner"), owns a commercial building that shares a party wall with the adjacent property. The three Respondents, Zen's Development, LLC ("Respondent Zen's"), Uptown Properties, LLC ("Respondent...

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