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CITY OF STAUNTON v. CASH

Record No. 771632.

263 S.E.2d 45 (1980)

CITY OF STAUNTON v. Robert W. CASH et al.

Supreme Court of Virginia.

February 29, 1980.

Attorney(s) appearing for the Case

Benham M. Black, City Atty., for appellant.

John W. Sills, III, Staunton (Wayt B. Timberlake, Jr., Staunton, Timberlake, Smith, Thomas & Moses, Staunton, on brief), for appellees.

William A. Young, Jr., Richmond (Howard W. Dobbins, Robert D. Perrow, Wallerstein, Goode & Dobbins, Richmond, on briefs), for appellees, amicus curiae, Virginia Municipal League.

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

PER CURIAM.

By petition filed against the City of Staunton, Robert W. Cash and Janet H. Cash alleged that the City had wrongfully denied them a permit to construct a dwelling on two residential lots they owned in a subdivision located in Staunton. In the petition, the Cashes prayed for a declaratory judgment establishing their right to construct the dwelling and to use a dedicated but unpaved street upon which the lots abut. After a hearing, the trial court held ...

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