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PAR MAR v. CITY OF PARKERSBURG

No. 19487.

398 S.E.2d 532 (1990)

PAR MAR, An Ohio Corporation, v. The CITY OF PARKERSBURG, A West Virginia Municipal Corporation.

Supreme Court of Appeals of West Virginia.

October 25, 1990.

Attorney(s) appearing for the Case

R. Vance Golden, III, Parkersburg, for Par Mar.

Richard A. Hayhurst, Parkersburg, for City of Parkersburg.

McHUGH, Justice:

This appeal involves a municipal zoning ordinance, but the dispositive issue presented is procedural in nature, that is, the propriety of granting a motion to dismiss for failure to state a claim upon which relief may be granted. Under the particular circumstances here we believe the trial court, the Circuit Court of Wood County, West Virginia, properly granted the motion to dismiss for failure to state a claim, and we, therefore, affirm the trial...

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