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CITY OF SUFFOLK v. BOARD OF ZONING APPEALS

Record No. 021981.

580 S.E.2d 796 (2003)

266 Va. 137

The CITY OF SUFFOLK ex rel. Steve HERBERT, Zoning Administrator for the City of Suffolk, et al. v. BOARD OF ZONING APPEALS FOR the CITY OF SUFFOLK, et al.

Supreme Court of Virginia.

June 6, 2003.

Attorney(s) appearing for the Case

Timothy G. Hayes (Andrea W. Wortzel, Richmond; C. Edward Roettger, Jr., City Atty.; Houston & Williams, Richmond, on briefs), for appellants.

Joseph L. Lyle, Jr., Virginia Beach (Whitney G. Saunders, Suffolk; Waldo & Lyle; Moore, Saunders & Brewbaker, Suffolk, on brief), for Etheridge Manor Corp.

No brief or argument for appellee Bd. of Zoning Appeals for City of Suffolk.

Present: All the Justices.

OPINION BY JUSTICE G. STEVEN AGEE.

The City of Suffolk ("the City") appeals the judgment of the Circuit Court of the City of Suffolk affirming the determination of the Board of Zoning Appeals for the City of Suffolk ("BZA") that certain land use rights became vested with respect to a parcel of land owned by Etheridge Manor Corporation ("Etheridge"). For the reasons set forth below, we will affirm the trial court's judgment.

I. FACTS AND PROCEEDINGS BELOW...

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