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WHITEHEAD v. H AND C DEVELOPMENT CORPORATION

129 S.E.2d 691 (1963)

204 Va. 144

Stephen L. WHITEHEAD, Jr., et al. v. H AND C DEVELOPMENT CORPORATION et al.

Supreme Court of Appeals of Virginia.

March 4, 1963.

Attorney(s) appearing for the Case

Herbert K. Bangel, Portsmouth (A. A. Bangel; Bangel, Bangel & Bangel, Portsmouth, on brief), for appellants.

John A. MacKenzie, Portsmouth (MacKenzie & Babb, Portsmouth, on brief), for appellees.

J. S. Livesay, Jr., City Atty. (Michael A. Korb, Jr., City Atty., on brief), for City of Portsmouth, amicus curiae.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

SPRATLEY, Justice.

The question on this appeal is whether a certain proposed ordinance is within the authority of the initiative and referendum provisions of section 1, chapter 10 of the charter of the city of Portsmouth, as amended by an Act of the General Assembly, approved February 23, 1918, Acts 1918, Chapter 69, pages 123 et seq.

Section 1, chapter 10 of the charter of Portsmouth provides that: "Any proposed ordinance or the question of the repeal of...

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