Board of Zoning Appeals v. Tkacz

LOUGHRY, Justice:

This case is before this Court upon appeal of a June 4, 2013, order of the Circuit Court of Jefferson County that reversed a decision of the petitioner, the Board of Zoning Appeals of the Town of Shepherdstown, West Virginia (hereinafter “BZA”), granting a var-. iance to Shepherdstown resident, Patricia Kelch,1 with respect to a fence she constructed on her property. The BZA’s decision was appealed to the circuit court by the respondent, Borys M. Tkacz, an adjoining property owner of Ms. Kelch.

In affording relief to Mr. Tkacz, the circuit court found that the BZA lacked…