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CITY OF COVINGTON v. APB WHITING, INC.

Record No. 840927.

360 S.E.2d 206 (1987)

CITY OF COVINGTON v. APB WHITING, INC.

Supreme Court of Virginia.

September 4, 1987.

Attorney(s) appearing for the Case

D. Stan Barnhill, Thomas T. Lawson (Woods, Rogers & Hazlegrove, Roanoke, on briefs), for appellant.

Michael McHale Collins (J. Gregory Mooney; Collins, Crackel & Mooney, Covington, on brief), for appellee.

Present All the Justices.

THOMAS, Justice.

The central issue in this appeal is whether the Covington City Council's decision to deny APB Whiting, Inc.'s (Whiting) application to rezone a certain parcel of land was fairly debatable. Whiting applied to rezone the parcel of land from residential to commercial. The local planning commission voted in favor of the rezoning. The city council, by a tie vote, denied the rezoning. Whiting filed a declaratory judgment action in the trial court. The trial...

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