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FRITTS v. CAROLINAS CEMENT CO., GP

Record No. 002120.

551 S.E.2d 336 (2001)

262 Va. 401

Joyce S. FRITTS, et al. v. CAROLINAS CEMENT COMPANY, GP, t/a Roanoke Cement Company, et al.

Supreme Court of Virginia.

September 14, 2001.

Attorney(s) appearing for the Case

Clifford L. Athey, Jr. (Napier, Pond, Athey & Athey, on briefs), Front Royal, for appellants.

Thomas Moore Lawson (Deborah M. Chandler, Winchester, Robert A. Ziogas, Claude M. Lauck, Roanoke, Lawson & Silek; Glenn, Feldmann, Darby & Goodlatte, Roanoke, on briefs), for appellees Carolinas Cement Co., etc.

No brief or argument on behalf of Warren County Bd. of Zoning Appeals.

Present: All the Justices.

KOONTZ, Justice.

This appeal arises out of a petition by certain landowners, filed in the trial court, for a writ of certiorari to review a decision by a local board of zoning appeals. At issue is the trial court's affirmance of the board's decision permitting the construction of a nearby industrial facility as a by-right use under the applicable zoning ordinance.

BACKGROUND

In August 1999, Carolinas Cement Company, GP, trading as Roanoke Cement...

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