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CITY COUNCIL v. WENDY'S OF WESTERN VA.

Record No. 951493.

471 S.E.2d 469 (1996)

252 Va. 12

CITY COUNCIL OF the CITY OF SALEM v. WENDY'S OF WESTERN VIRGINIA, INC., et al.

Supreme Court of Virginia.

June 7, 1996.

Attorney(s) appearing for the Case

William C. Maxwell, Salem (Stephen M. Yost, Jolly, Place, Fralin & Prillaman, on briefs), for appellant.

Edward A. Natt, Roanoke (Osterhoudt, Ferguson, Natt, Aheron & Agee, on brief), for appellees.

Present: All the Justices.

COMPTON, Justice.

In this land use controversy, we consider whether the trial court erred in ruling that a local governing body's denial of a rezoning petition was arbitrary and capricious.

The pertinent facts are undisputed. The subject property is 1.048 acres of land in the City of Salem presently carrying a R-2 (single family, residential) zoning classification. The property is situated at the northeast corner of the intersection of Route 419 (Electric...

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