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MARBLE TECHNOLOGIES v. CITY OF HAMPTON

Record No. 090043.

690 S.E.2d 84 (2010)

MARBLE TECHNOLOGIES, INC., et al. v. CITY OF HAMPTON, et al.

Supreme Court of Virginia.

February 25, 2010.

Attorney(s) appearing for the Case

Brett A. Spain (Willcox & Savage, on briefs), Norfolk, for appellants.

Bryan K. Meals (McGuireWoods, on brief), Norfolk, for appellees.

Present: KEENAN, KOONTZ, KINSER, LEMONS, and MILLETTE, JJ., and CARRICO and LACY, Senior Justices.

OPINION BY Justice CYNTHIA D. KINSER.

This appeal involves the Chesapeake Bay Preservation Act, Code §§ 10.1-2100 through -2115 (the Act), and its implementing regulations. The dispositive issue asks whether the General Assembly expressly or impliedly authorized a locality to utilize as a criterion for designating Chesapeake Bay Preservation Areas within its jurisdiction whether particular land is among the "lands designated as part of the Coastal Barrier...

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