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CITY OF FAIRFAX v. SHANKLIN

135 S.E.2d 773 (1964)

205 Va. 227

CITY OF FAIRFAX et al. v. Jay E. SHANKLIN.

Supreme Court of Appeals of Virginia.

April 27, 1964.

Attorney(s) appearing for the Case

John H. Rust, Fairfax, for appellants.

Jay E. Shanklin, Fairfax, for appellee.

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

CARRICO, Justice.

On May 2, 1962, Jay E. Shanklin, the plaintiff, filed a "Motion for Declaratory Judgment and Other Relief" (Code, § 8-578) against the city of Fairfax and the Board of Zoning Appeals of the city, the defendants.

The motion sought an adjudication that certain sections of the city's zoning ordinance were invalid insofar as they purported to confer upon the Board of Zoning Appeals the authority to issue special use permits for the construction...

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