Jefferson County Citizens for Economic Preservation v. County Commission

KETCHUM, Justice.

This declaratory judgment action is before this Court upon the appeal of the County Commission of Jefferson County, West Virginia, (hereinafter “appellant” or “County Commission”) from the February 26, 2008, order of the Circuit Court of Jefferson County granting summary judgment in favor of an entity known as Jefferson County Citizens for Economic Preservation (hereinafter “appellee”). In the proceedings below, the appellee, a non-profit corporation consisting of various property owners and land use professionals, challenged the March 2005 adoption by the County Commission…