T. Weston, Inc. v. Mineral County

STARCHER, J.:

In this case, we are asked to decide whether a county commission in a county that has created a planning commission under W.Va. Code, 8-24-1, el seq.1 may enact an ordinance regulating the location of “exotic entertainment” businesses pursuant to W.Va.Code, 7-l-3jj(b) [2002]. We hold that such a county may not do so. We do not address the issue of whether the county may have such authority under other statutes.

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Facts & Background

The instant case comes to this Court on a certified question from the United States District Court for the Northern District of West Virginia, arising…