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CITY OF NORFOLK v. TINY HOUSE, INC.

Record No. 790686.

281 S.E.2d 836 (1981)

CITY OF NORFOLK v. TINY HOUSE, INC., t/a Tiny House — Mom's Restaurant, and Lillie A. Johnson.

Supreme Court of Virginia.

September 11, 1981.

Attorney(s) appearing for the Case

Benjamin W. Bull, Asst. City Atty. (Philip R. Trapani, City Atty., on briefs), for appellant.

Frederick T. Stant, Jr., Mary Keating, Virginia Beach (Clark & Stant, P. C., Virginia Beach, on brief), for appellees.

Before CARRICO, C. J., and HARRISON, COCHRAN, POFF, COMPTON, THOMPSON and STEPHENSON, JJ.

HARRISON, Justice.

The City of Norfolk sought to enjoin Tiny House, Inc., and its president, Lillie A. Johnson, from selling alcoholic beverages for on-premises consumption until Tiny House had obtained the use permit required by Norfolk City Ordinance 28,759, adopted February 1, 1977 (hereinafter referred to as the Ordinance). The trial court held that the Ordinance infringed upon the exclusive authority delegated to the Alcoholic Beverage Control Commission and...

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