Legal Opinion

Jefferson Orchards, Inc. v. Jefferson County Zoning Board of Appeals

West Virginia Supreme Court

Decided April 5, 2010No. 35129PublishedCited by 10 opinions

1Opinion of the Court

KETCHUM, Justice:

This matter concerns a conditional use permit issued to the appellant, Jefferson Orchards, Inc., to construct a residential subdivision, consisting of a number of single family dwellings, on its property in Jefferson County, West Virginia. The proposed subdivision, to be known as Paynes Ford Station, is located in a rural-agricultural zoned district of Jefferson County. The appellant contends that the conditional use permit, as modified and restricted by the decisions below, renders the proposed subdivision economically unfeasible and violates its right, after having…

2Cases cited14 opinions

  1. State Ex Rel. Frazier & Oxley, L.C. v. CummingsWest Virginia Supreme Court · 2004
  2. Wolfe v. ForbesWest Virginia Supreme Court · 1975
  3. Harrison v. GinsbergWest Virginia Supreme Court · 1982
  4. Harding v. Board of Zoning Appeals of MorgantownWest Virginia Supreme Court · 1975
  5. Zaleski v. West Virginia Mutual InsuranceWest Virginia Supreme Court · 2009

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3Cited by10 opinions

  1. Henry v. Jefferson County CommissionCourt of Appeals for the Fourth Circuit · 2011
  2. Bills v. HardyWest Virginia Supreme Court · 2011
  3. Board of Zoning Appeals v. TkaczWest Virginia Supreme Court · 2014
  4. Central Place, LLC v. City of Morgantown Planning CommissionWest Virginia Supreme Court · 2016
  5. E.R. v. Jefferson County Board of EducationWest Virginia Supreme Court · 2017

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