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COUNTY OF CHESTERFIELD v. WINDY HILL, LTD.

Record No. 010523.

559 S.E.2d 627 (2002)

263 Va. 197

COUNTY OF CHESTERFIELD, et al., v. WINDY HILL, LTD., et al.

Supreme Court of Virginia.

March 1, 2002.

Attorney(s) appearing for the Case

Jeffrey L. Mincks, Deputy County Attorney (Steven L. Micas, County Attorney; David W. Robinson, Assistant County Attorney, on briefs), for appellants.

John W. Keith, Jr., for appellee Windy Hill, Ltd.

John N. Clifford (Clifford & Duke, on brief), for appellee E.M. Ciejek, Inc.

Amicus Curiae: Local Government Attorneys of Virginia, Inc. (Gail Starling Marshall; David P. Bobzien; Andrew R. McRoberts, on brief), in support of appellants.

Present All the Justices.

Opinion by Chief Justice HARRY L. CARRICO.

Code § 4.1-128(A), part of the Alcoholic Beverage Control Act, provides in pertinent part that "[n]o county, city, or town shall ... adopt any ordinance or resolution which regulates or prohibits the manufacture, drinking, use, or dispensing of alcoholic beverages in the Commonwealth." Code § 4.1-128(C) provides in pertinent part that "all local acts, including charter...

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