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DELTA AIR LINES v. COUNTY BD.

No. 901553.

409 S.E.2d 130 (1991)

DELTA AIR LINES, INC., et al. v. COUNTY BOARD OF ARLINGTON COUNTY, et al.

Supreme Court of Virginia.

Dissenting Opinion September 24, 1991.

Attorney(s) appearing for the Case

H. Karl Zeswitz, Jr., Washington, D.C. (Frederick W. Chockley, Baker & Hostetler, on briefs), for appellants.

Richard R. Rhodes, Asst. County Atty. (Charles G. Flinn, County Atty., on brief), for appellees.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, RUSSELL, WHITING, LACY and HASSELL, JJ.

LACY, Justice.

In this appeal we consider the validity of the Arlington County transient occupancy tax as applied to lodging secured by Delta Air Lines for use by its employees.

In 1989, Arlington County assessed the Stouffer Concourse Hotel $64,784.40 and $20,569 plus penalty and interest for additional transient occupancy taxes incurred from January 1, 1987 through February 28, 1989, and March through October, 1989, respectively. The County similarly assessed...

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