Petition of Skeen

190 W. Va 649, 441 S.E.2d 370 (1994)

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Petition of Skeen

West Virginia Supreme Court of Appeals
190 W. Va 649, 441 S.E.2d 370 (1994)

Facts

Jeanne C. Skeen (plaintiff) operated a licensed babysitting service out of her home. When Jeanne and her husband G. Samuel Skeen (plaintiff) bought a home in a new city, they applied for a special-exception permit to allow Jeanne to continue operating her babysitting service. The municipal zoning ordinance classified the Skeens’ neighborhood as an R-1 residence district in which businesses were forbidden without the permission of the Zoning Board of Adjustment (the board) (defendant). However, the zoning ordinance listed certain special exceptions, including an exception for home occupations, that were allowed within R-1 zoning districts as long as homeowners met certain requirements. The Skeens’ babysitting service fully complied with all requirements set forth in the ordinance for a home occupation, but the board denied the Skeens’ application for a special-exception permit. The circuit court appealed the board’s decision, and the Skeens appealed to the West Virginia Supreme Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Neely, J.)

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