Fairlawns Homes, Inc. v. City of Morgantown

Browning, Judge:

This is an appeal by Fairlawns Homes, Inc., a corporation, petitioner below, in a mandamus proceeding instituted in the Monongalia County Circuit Court against the City of Morgantown, a municipal corporation, and the Common Council of said city.

Fairlawns Homes, hereinafter referred to as appellant, is the owner of a subdivision known as Pheasant Hills in Morgantown. In February of 1965, appellant began plans to subdivide and, pursuant thereto, appeared before the Morgantown Planning Commission to seek approval of its plat in order to comply with the Morgantown Subdivision…