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TIDEWATER ASS'N v. CITY OF VIRGINIA BEACH

Record No. 900451.

400 S.E.2d 523 (1991)

TIDEWATER ASSOCIATION OF HOMEBUILDERS, INC., et al. v. CITY OF VIRGINIA BEACH.

Supreme Court of Virginia.

January 11, 1991.

Attorney(s) appearing for the Case

Thomas Scott Carnes (Richard D. Guy; Cromwell, Sykes & Carnes, Shuttleworth, Ruloff, Giordano & Kahle, on briefs), for appellants.

Gregory N. Stillman (Kevin J. Cosgrove, D. Arthur Kelsey, Leslie L. Lilley, City Atty., Hunton & Williams, on brief), for appellee.

Present: All the Justices.

LACY, Justice.

In this case we consider the legality of a Water Resource Recovery Fee imposed by the City of Virginia Beach to finance, in part, the acquisition of water from Lake Gaston for use by residents of Virginia Beach.

Since 1924, the City of Virginia Beach (the City) has purchased treated water from the City of Norfolk.1 In 1973, Virginia Beach contracted with Norfolk to purchase the pipes comprising the water distribution...

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