City of Charlestown Advisory Planning Commission v. KBJ, LLC

OPINION

BARNES, Judge.

Case Summary

The City of Charlestown Advisory Planning Commission (“Planning Commission”) appeals the trial court’s granting of a petition for writ of certiorari filed by KBJ, LLC (“KBJ”). We affirm in part and reverse in part.

Issues

The Planning Commission raises three issues, which we consolidate and restate as:

I. whether the trial court properly granted KBJ’s petition for writ of certiorari; and

II. whether the trial court properly awarded attorney fees to KBJ.

Facts

KBJ is a business organization with Ken DeWeese, Bob Bitner, and Jesse Ballew as members. On February 12,…