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BD. OF SUP'RS OF HENRICO CTY. v. MARKET INNS

Record No. 812219.

319 S.E.2d 737 (1984)

BOARD OF SUPERVISORS OF HENRICO COUNTY, et al. v. MARKET INNS, INC., T/A, etc.

Supreme Court of Virginia.

September 7, 1984.

Attorney(s) appearing for the Case

John L. Knight, Asst. County Atty. (Joseph P. Rapisarda, Jr., County Atty., on briefs), for appellants.

John G. Mizell, Jr., Richmond (Nicholas A. Spinella; Spinella, Owings, Jackson & Steverson, Richmond, on brief), for appellee.

Present All the Justices.

POFF, Justice.

The Board of Supervisors of Henrico County and the individual members of the Board (collectively, the County) appeal from a decree in favor of Market Inns, Inc., t/a Saddles (Market Inns), declaring a zoning restriction unconstitutional. The restriction provides as follows:

Any establishment permitted in this District, except a hotel or motel, shall not begin service to the public or any outside activity before 6:00 A.M. nor extend any outside...

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