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BOLLINGER v. BD. OF SUP'RS OF ROANOKE COUNTY

Record No. 750929.

227 S.E.2d 682 (1976)

Cecil V. BOLLINGER et al. v. BOARD OF SUPERVISORS OF ROANOKE COUNTY et al.

Supreme Court of Virginia.

September 2, 1976.

Attorney(s) appearing for the Case

Charles H. Osterhoudt, Roanoke (Hunter, Fox & Trabue, Roanoke, on brief), for appellants.

Edward A. Natt, County Atty.; James E. Buchholtz, Asst. City Atty. (J. N. Kincanon, City Atty.; Charles R. Allen, Jr., Asst. City Atty., on brief), for appellees.

Commonwealth of Virginia (Andrew P. Miller, Atty. Gen.; J. Durwood Felton, III, Asst. Atty. Gen., on brief), amicus curiae for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

PER CURIAM.

Cecil B. Bollinger and others, appellants, are here on an appeal from a judgment upholding the validity of a conditional use permit issued by the Board of Supervisors of Roanoke County (Board). The permit was issued jointly to the city and county of Roanoke for the operation of a sanitary landfill in Roanoke County on land zoned A-1, agricultural.

The appellants contend that the trial court erred in holding: that the Board acted in its legislative...

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