KOLE v. CITY OF CHESAPEAKE

Record No. 930517.

439 S.E.2d 405 (1994)

Andrew D. KOLE, et al. v. CITY OF CHESAPEAKE, et al.

Supreme Court of Virginia.

January 7, 1994.


Attorney(s) appearing for the Case

John F. Cahill, Falls Church (Grayson P. Hanes, Falls Church, John Holland Foote, Hazel & Thomas, Manassas, on briefs), for appellants.

William F. Devine, Norfolk (Robert C. Nusbaum, Patrick C. Devine, Jr., Ronald S. Hallman, City Atty., Kathleen A. Dooley, Asst. City Atty., Hofheimer, Nusbaum, McPhaul & Samuels, on brief), for appellees.

Present: CARRICO, C.J., COMPTON, STEPHENSON, WHITING, HASSELL and KEENAN, JJ., and COCHRAN, Retired Justice.


STEPHENSON, Justice.

In this declaratory judgment proceeding, landowners challenge the validity of a city's rezoning ordinance. On appeal, we determine whether the trial court erred in dismissing with prejudice the landowners' bill of complaint on the ground that it was not filed within 30 days of the enactment of the rezoning ordinance, as required by Code § 15.1-493(G).

On September 13, 1991, Seven Springs, Inc. (Seven Springs), a Virginia corporation...

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