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CITY OF VIRGINIA BEACH v. ESG ENTERPRISES

Record No. 910220.

413 S.E.2d 642 (1992)

CITY OF VIRGINIA BEACH v. ESG ENTERPRISES, INC., et al.

Supreme Court of Virginia.

January 10, 1992.

Attorney(s) appearing for the Case

L. Steven Emmert, Asst. City Atty. (Gary L. Fentress, Deputy City Atty., on brief), for appellant.

James C. Lewis, Virginia Beach (John M. Cooper, Croshaw, Siegel, Beale, Hauser & Lewis, on brief), for appellees.

City of Chesapeake (Ronald S. Hallman, City Atty., Jan L. Proctor, Asst. City Atty., on brief), amicus curiae, for appellant.

HASSELL, Justice.

In this appeal, we consider whether Code § 58.1-3237 authorizes the City of Virginia Beach to assess "roll-back"1 taxes against real property whose use has not changed even though the property has been rezoned to a classification which permits a more intensive use.

ESG Enterprises, Inc., a Virginia corporation, and The Doustan Partnership, a Virginia general partnership (collectively referred to as "the taxpayers...

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