CHESAPEAKE v. GARDNER ENTERPRISES, INC.

Record No. 961142.

482 S.E.2d 812 (1997)

253 Va. 243

CITY OF CHESAPEAKE v. GARDNER ENTERPRISES, INC., etc.

Supreme Court of Virginia.

February 28, 1997.


Attorney(s) appearing for the Case

Jan L. Proctor, Deputy City Attorney (Ronald S. Hallman, City Attorney on briefs), for appellant.

James M. Pickrell, Jr. (Kellam, Pickrell, Cox & Tayloe, on brief), Norfolk, for appellee.

Present: CARRICO, C.J., COMPTON, LACY, HASSELL, KEENAN and KOONTZ, JJ., and WHITING, Senior Justice.


KEENAN, Justice.

In this appeal, we consider the validity of a local zoning ordinance prohibiting the construction of additional buildings or structures to support a nonconforming use.*

The facts in this appeal are not in dispute. Gardner Enterprises, Inc., t/a Greenlawn Memorial Gardens (Greenlawn), owns a 47-acre parcel of land in the City of Chesapeake. The property has been in continuous use as a cemetery since 1953. In 1969...

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