State Ex Rel. Foster v. City of Morgantown

McHUGH, Justice:

In this original proceeding in mandamus, the petitioners, Ruel Foster, et al., seek to have this Court compel the respondent, the City of Morgantown, to either repeal a zoning ordinance amendment adopted by the city or submit it to a city-wide referendum. The zoning ordinance adopted by the city essentially altered conditional uses of property within designated zones to allow liquor to be served where only beer and wine sales were previously allowed. Upon review of the case before us, we deny the writ.

I

The City of Morgantown is a municipal corporation whose charter was…