Smith v. Bayer

WORKMAN, Justice:

This case is before the Court upon an appeal of Ronald K. Smith, Sharon D. Smith, Elaine Mauck, Jesse Mauck, Jr., Willis Smallwood and Karen Smallwood from a November 6, 1987, order of the Circuit Court of Berkeley County dismissing appellants’ petition for a writ of mandamus which requested the lower court to require the Berkeley County Planning Commission (hereinafter called Planning Commission) to rescind a permit previously issued for the operation of a salvage yard. The lower court, after conducting a hearing with respect to the court’s jurisdiction in mandamus,…