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MARKS v. CITY OF CHESAPEAKE, VA.

No. 88-1732.

883 F.2d 308 (1989)

Steven John MARKS, Plaintiff-Appellee, v. CITY OF CHESAPEAKE, VIRGINIA, a municipal corporation; City Council of the City of Chesapeake, Virginia, in its official capacity; Sidney M. Oman; Willa Spruill Bazemore; John W. Butt; Walter Cartwright, Jr.; Cecil Y. Jenkins; J. Bennie Jennings, Jr.; John W. Keffer; Edward B. Speers; William E. Ward, in their official capacity as members of the City Council of the City of Chesapeake, Virginia, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 24, 1989.

Attorney(s) appearing for the Case

Henry Coke Morgan, Jr. (James B. Lonergan, Pender & Coward, Virginia Beach, Va., Ronald S. Hallman, City Atty., Chesapeake, Va., on brief), for defendants-appellants.

Andrew Michael Sacks (Michael F. Imprevento, Sacks & Sacks, Norfolk, Va., on brief), for plaintiff-appellee.

Before PHILLIPS and CHAPMAN, Circuit Judges, and WILLIAMS, United States District Judge for the Eastern District of Virginia, sitting by designation.

PHILLIPS, Circuit Judge:

The City of Chesapeake, Virginia and various city officials appeal from a final judgment in favor of the plaintiff, Steven J. Marks, in this action under 42 U.S.C. § 1983. After a bench trial, the district court held that the Chesapeake City Council's denial of Marks' application for a "conditional use permit" to operate a palmistry within the city limits was "arbitrary and capricious," hence a deprivation of property without due process...

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