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SWN PRODUCTION CO. v. CITY OF WEIRTON

No. 22-ICA-83.

895 S.E.2d 227 (2023)

SWN PRODUCTION COMPANY, LLC, Plaintiff Below, Petitioner, v. CITY OF WEIRTON and City of Weirton Board of Zoning Appeals, Defendants Below, Respondents.

West Virginia Intermediate Court of Appeals.

Filed: November 1, 2023.

Attorney(s) appearing for the Case

Shawn N. Gallagher, Esq. , Kathleen Jones Goldman, Esq. , Buchanan Ingersoll & Rooney PC, Pittsburgh, Pennsylvania, Counsel for Petitioner.

Ryan P. Simonton, Esq. , Margaret E. Lewis , Kay Casto & Chaney, PLLC, Morgantown, West Virginia, Vincent S. Gurrera, Esq. , Gurrera Law Offices, PLLC, Weirton, West Virginia, Daniel J. Guida, Esq. , Guida Law Office, Weirton, West Virginia, Counsel for Respondent City of Weirton.

Petitioner, SWN Production Company, LLC ("SWN"), appeals the August 23, 2022, "Order Regarding Pre-Emption" entered by the Circuit Court of Brooke County. In that order, the circuit court concluded that Respondent City of Weirton's ("City") municipal zoning ordinances were not preempted by either the West Virginia Oil and Gas Act or...

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