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HAMPTON NISSAN LTD. v. CITY OF HAMPTON

Record No. 950732.

466 S.E.2d 95 (1996)

HAMPTON NISSAN LIMITED PARTNERSHIP, et al. v. CITY OF HAMPTON.

Supreme Court of Virginia.

January 12, 1996.

Attorney(s) appearing for the Case

J. Nelson Happy, Newport News (Huber-Happy & Hudgins, on briefs), for appellants.

Richard D. Caplan, Deputy City Attorney, for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, LACY, HASSELL and KEENAN, JJ., and POFF, Senior Justice.

HASSELL, Justice.

In this appeal, we consider whether a city may collect, as license taxes, payments in excess of the rate permitted by law that a motor vehicle dealer had collected improperly from motor vehicle purchasers.

The litigants have stipulated the relevant facts. The City of Hampton is a municipal corporation. Hampton Nissan Limited Partnership is a Virginia limited partnership which sells new and used motor vehicles at its dealership in Hampton...

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