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COLE v. CITY COUNCIL OF CITY OF WAYNESBORO

Record No. 761457.

241 S.E.2d 765 (1978)

James O. COLE and Mary J. Cole v. CITY COUNCIL OF the CITY OF WAYNESBORO and Waynesboro Redevelopment and Housing Authority.

Supreme Court of Virginia.

March 3, 1978.

Attorney(s) appearing for the Case

W. Clyde Gouldman, II, Charlottesville (Paxson, Smith, Boyd, Gilliam & Gouldman, Charlottesville, on briefs), for plaintiffs in error.

Carter R. Allen, City Atty., Edward M. Burns, II (Allen, Dalton & Watkins, Poindexter, Burns & Marks, Waynesboro, on briefs), for defendants in error.

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

HARRISON, Justice.

The City Council of Waynesboro adopted an ordinance granting an application by the Waynesboro Redevelopment and Housing Authority for a permit to construct a 10-story apartment building for the elderly and the handicapped. The building was to be constructed on a ¾ acre parcel of land acquired by the City and located at the intersection of Wayne Avenue and 11th Street immediately adjacent to the single-family home owned and occupied by James...

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