Hock v. City of Morgantown

Neely, Justice:

This appeal arises from a declaratory judgment action instituted in the Circuit Court of Monongalia County to test the validity of an amendment to the Morgantown zoning ordinance. Appellants, Morgantown landowners, contend that the amendment, which permits businesses and multiple unit dwellings to be built in an area previously zoned for single family residences only, is ineffective because it did not receive the approval of four-fifths of the City Council as required by the general zoning ordinance. The lower court found the four-fifths approval requirement invalid and we…