West Virginia Supreme Court December 6, 1949, 10161 (State Ex Rel. Baer v. City of Beckley)

Kenna, Judge:

On August 17, 1948, J. Leonard Baer, later joined by Rose R. Baer, his wife, a co-owner, filed his petition in the Circuit Court of Raleigh County seeking a writ of mandamus against the City of Beckley, a municipal corporation, to require that city, through its Planning Commission, to grant petitioners a “special use permit” to construct a business building to be used as a market