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DICK KELLY ENT. v. CITY OF NORFOLK

Record No. 910936.

416 S.E.2d 680 (1992)

DICK KELLY ENTERPRISES, VIRGINIA PARTNERSHIP, # 11, et al. v. CITY OF NORFOLK.

Supreme Court of Virginia.

April 17, 1992.

Attorney(s) appearing for the Case

William F. Devine (Robert C. Nusbaum, Thomas F. McPhaul, Hofheimer, Nusbaum, McPhaul & Samuels, on briefs), Norfolk, for appellants.

Norman A. Thomas, Deputy City Atty. (Philip R. Trapani, City Atty., Cynthia B. Hall, Asst. City Atty., on brief), for appellee.

Present: All the Justices.

COMPTON, Justice.

In this injunction suit brought by a municipal corporation to enforce its zoning ordinance and building code against the unlawful use of property, the landowner's failure to pursue an available administrative remedy at the inception of the controversy pervades the entire case.

In September 1983, appellants Richard M. Kelly and Richard M. Kelly, Jr., organized appellant Dick Kelly Enterprises, Virginia Partnership, # 11, a general partnership...

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