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WILHELM v. MORGAN

157 S.E.2d 920 (1967)

208 Va. 398

H. J. WILHELM et al., etc. v. Dr. E. B. MORGAN et al.

Supreme Court of Appeals of Virginia.

December 4, 1967.

Attorney(s) appearing for the Case

Richard C. Rakes, Roanoke, (E. C. Westerman, Jr., Fincastle, Gentry, Locke, Rakes & Moore, Roanoke, on brief), for appellants.

John H. Thornton, Jr., Roanoke, (Woods, Rogers, Muse, Walker & Thornton, Roanoke, on brief), for appellees.

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

GORDON, Justice.

In September 1963, Dr. A. M. Hitt petitioned the Board of Supervisors and the Planning Commission of Botetourt County to rezone about 110 acres of his land from Agricultural to Industrial. As required by law the petition was referred to the Planning Commission for its recommendation to the Board. The Commission recommended against the rezoning.

The Board of Supervisors held a public hearing on November...

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