VIRGINIA BEACH v. SO. HAMPTON ROADS VET. ASS'N

Record No. 821041.

329 S.E.2d 10 (1985)

The VIRGINIA BEACH S.P.C.A., INC. v. SOUTH HAMPTON ROADS VETERINARY ASSOCIATION, et al.

Supreme Court of Virginia.

April 26, 1985.


Attorney(s) appearing for the Case

Joseph L. Lyle, Jr., Virginia Beach (Pickett, Lyle, Siegel, Drescher & Croshaw, P.C., Virginia Beach, on brief), for appellant.

Judith M. Cofield, Virginia Beach (Guy, Cromwell, Betz & Lustig, P.C., Virginia Beach, on brief), for appellees.

(Stephen A. Bryant, David Meade White, White & Blackburn, Richmond, on brief), for amicus curiae Virginia Veterinary Medical Assn.

(Roger G. Wilson, Ann R. Platzer, Kirkland & Ellis, Chicago, Ill., on briefs), for amicus curiae American Veterinary Medical Assn.

Present: All the Justices.


STEPHENSON, Justice.

Complainants, South Hampton Roads Veterinary Association (the Association), together with veterinarians Richard Dailey and A.A. Flynn, sued to enjoin the Virginia Beach S.P.C.A., Inc. (the S.P.C.A.), from operating a full-service veterinary clinic. Following an ore tenus hearing, the trial court found that the S.P.C.A.'s operation of the clinic was an ultra vires act and constituted the...

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