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FRIENDS OF CLARK MOUNT. v. BD. OF SUP'RS

Record Nos. 901107, 901118.

406 S.E.2d 19 (1991)

FRIENDS OF CLARK MOUNTAIN FOUNDATION, INC., et al. v. BOARD OF SUPERVISORS OF ORANGE COUNTY, et al. T. Coleman ANDREWS, III, et al. v. BOARD OF SUPERVISORS OF ORANGE COUNTY, et al.

Supreme Court of Virginia.

June 7, 1991.

Attorney(s) appearing for the Case

C. Ridgeway Schuyler, II, Somerset, V.R. Shackelford, III (Frank A. Thomas, III, Shackelford, Honenberger, Thomas & Willis, on brief, Orange), for appellants.

David E. Constine, III (Carter Glass, IV, Richmond, Charles W. Bowman, Orange, Mays & Valentine, Richmond, and Higginbotham & Higginbotham, on brief, Orange), for appellee Virginia Turbo Power Systems-II, L.P.

Atwell W. Somerville (Somerville, Moore, Somerville & Cutright, on brief), Orange, for appellee Bd. of Supervisors of Orange County.

Present: All the Justices.

COMPTON, Justice.

In this zoning controversy, we consider whether the trial court erred by dismissing a suit against a local governing body upon the ground that necessary parties were not joined within the time fixed by Code § 15.1-493(G). The subsection provides:

"Every action contesting a decision of the local governing body adopting or failing to adopt a proposed zoning ordinance or amendment thereto or granting or failing to grant a special exception...

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