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TABLER v. BOARD OF SUP'RS OF FAIRFAX CTY.

Record No. 781176.

269 S.E.2d 358 (1980)

Charles TABLER t/a Foodarama Supermarket et al. v. BOARD OF SUPERVISORS OF FAIRFAX COUNTY, Virginia et al.

Supreme Court of Virginia.

August 28, 1980.

Attorney(s) appearing for the Case

Richard F. Williamson, Alexandria (W. Curtis Sewell, Thomas & Sewell, P. C., Alexandria, on brief), for appellants.

David T. Stitt, County Atty. (Frederic Lee Ruck, Fairfax, on brief), for appellees.

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

I'ANSON, Chief Justice.

In this appeal, we must determine whether the Board of Supervisors of Fairfax County (the County Board) possessed legislative authority to enact an ordinance requiring a minimum cash refund value on containers for nonalcoholic beverages.

On December 8, 1975, the County Board enacted the Beverage Container Ordinance, Fairfax County Code §§ 111-1-1 to 111-3-4. Section 111-3-1 of that Code, as amended on June 6, 1977, provides...

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