Par Mar v. 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 court’s final order.

I

The appellant is Par Mar, an Ohio corporation. Par Mar operates a line of convenience stores and is a…