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CITY OF RICHMOND v. FARY

171 S.E.2d 257 (1969)

210 Va. 338

CITY OF RICHMOND, a municipal corporation v. Robert T. FARY, Director of Finance of the City of Richmond.

Supreme Court of Appeals of Virginia.

December 1, 1969.

Attorney(s) appearing for the Case

Waller H. Horsley, Richmond (Lee F. Davis, Jr., Special Counsel, Hunton, Williams, Gay, Powell & Gibson, Richmond on brief), for petitioner.

R. Harvey Chappell, Jr., Richmond (James Edward Betts, Charles E. Friend, Christian, Barton, Parker, Epps & Brent, Richmond, on brief), for respondent.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, COCHRAN and HARMAN, JJ.

GORDON, Justice.

In July 1969 the Richmond City Council enacted an ordinance imposing an annual tax of $12 on persons engaged in an occupation for profit within the City who earn $3,100 or more per year.1 Because the City's Director of Finance questioned the validity of the tax, he refused to perform a necessary ministerial act. Invoking our original jurisdiction, the City asks us to issue a writ of mandamus against the Director, thereby...

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