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CITY OF MARTINSBURG v. BERKELEY COUNTY

No. 21-0579.

880 S.E.2d 42 (2022)

CITY OF MARTINSBURG, Defendant Below, Petitioner, v. COUNTY COUNCIL OF BERKELEY COUNTY, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: October 26, 2022.

Attorney(s) appearing for the Case

Floyd McKinley Sayre, III, Esq. , Bowles Rice LLP, Martinsburg, West Virginia, Counsel for the Petitioner.

Anthony J. Delligatti, Esq. , Jeffery T. Mauzy, Esq. , Martinsburg, West Virginia, Counsel for the Respondent.

In this appeal from the Circuit Court of Berkeley County, the parties ask us to examine a dispute between the City of Martinsburg ("the City") and the Berkeley County Council ("the County"). The circuit court entered an injunction halting the City's efforts to regulate the County's excavation and construction of a parking...

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