The City of Martinsburg v. The Berkeley Co. Council

WALKER, Chief Justice:

The Berkeley County Council and the Berkeley County Building Commission (County) filed suit against the City of Martinsburg (City) seeking a ruling that real property owned by the County but located within the City limits is not subject to the City's zoning ordinances. Problematically, the complaint reveals no actual, justiciable controversy. There is no specific project, building or property identified by the County; rather, the suit purports to apply generally and prospectively to all real property owned by the County that may be involved in future but unspecified…