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BOARD OF SUP'RS v. MILLER AND SMITH, INC.

Record No. 790677.

279 S.E.2d 158 (1981)

The BOARD OF SUPERVISORS OF FAIRFAX COUNTY, et al. v. MILLER AND SMITH, INC.

Supreme Court of Virginia.

June 12, 1981.

Attorney(s) appearing for the Case

David T. Stitt, County Atty. (Frederic Lee Ruck, County Atty., Edward J. Finnegan, Asst. County Atty., on briefs), for appellants.

Robert A. Lawrence, Fairfax (Hazel, Beckhorn & Hanes, Fairfax, on brief), for appellee.

C. F. Hicks, Martin, Hicks & Ingles, Ltd., Gloucester, amicus curiae, for Virginia Association of Counties, appellant.

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

THOMPSON, Justice.

The dispositive issue here is whether the building permit refund provisions of a Fairfax County ordinance have been superseded by regulations promulgated under the Uniform Statewide Building Code. For the reasons hereinafter set forth, we hold that the Fairfax County ordinance was in conflict with the statewide regulation and must therefore yield to it.

On June 10, 1976, Miller and Smith, Inc. (Miller and Smith), a housing construction firm...

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