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ESTES FUNERAL HOME v. ADKINS

Record No. 022514.

586 S.E.2d 162 (2003)

266 Va. 297

ESTES FUNERAL HOME, et al., v. Bob ADKINS, et al.

Supreme Court of Virginia.

September 12, 2003.

Attorney(s) appearing for the Case

Carl E. McAfee, Norton; Julia McAfee (McAfee Law Firm, on brief), for appellants.

Karen T. Mullins, for appellees.

Present: All the Justices.

OPINION BY Justice CYNTHIA D. KINSER.

This appeal involves an equal protection challenge to an ordinance levying fees for solid waste disposal in Wise County. We conclude that the classifications in the ordinance do not bear a reasonable relation to a legitimate governmental objective and that the record is devoid of evidence of reasonableness sufficient to make the issue fairly debatable. Thus, we will reverse the judgment...

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