Robert L. Sams v. City of White Sulphur Springs, Board of Zoning Appeals

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Petitioner board appeals from the circuit court's order reversing its decision that respondent's use of certain property was a non-conforming use under pertinent zoning laws. Petitioner asserts that the circuit court erred by allowing the admission of new evidence at a hearing before the circuit court on respondent's petition for a writ of certiorari. Petitioner asserts that its decision was not clearly erroneous and that it could only act upon the record made before it.