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COM. DEPT. OF MOTOR VEHICLES v. ATHEY

Record No. 000868.

542 S.E.2d 764 (2001)

COMMONWEALTH of Virginia DEPARTMENT OF MOTOR VEHICLES v. Warner ATHEY.

Supreme Court of Virginia.

March 2, 2001.

Attorney(s) appearing for the Case

Jeffrey A. Spencer, Assistant Attorney General (Mark L. Earley, Attorney General, on briefs), for appellant.

Donald S. Clarke, Virginia Beach, for appellee.

Present: CARRICO, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and WHITING, Senior Justice.

WHITING, Senior Justice.

In this appeal, we consider whether the operator of a daily cruising service is required to obtain a certificate of public convenience and necessity as a "sight-seeing carrier by boat" pursuant to Code § 46.2-2607.

Warner Athey owns a boat that he operates in the Chesapeake Bay and Atlantic Ocean to transport paying passengers on daily cruises that Athey advertises as "Adventure Cruises." These cruises begin and end in Lynnhaven...

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