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STROUT v. CITY OF VIRGINIA BEACH

Record Nos. 0885-03-1, 0886-03-1.

596 S.E.2d 529 (2004)

43 Va. App. 99

Kevin K. STROUT v. CITY OF VIRGINIA BEACH. Derek Lee Nisbet v. City of Virginia Beach.

Court of Appeals of Virginia.

May 25, 2004.

Attorney(s) appearing for the Case

(Jeanne S. Lauer, Virginia Beach; Inman & Strickler, on brief), for appellants. Appellants submitting on brief.

(Harvey L. Bryant, III, Commonwealth's Attorney; Lee E. Devendorf, Assistant Commonwealth's Attorney, on brief), for appellee. Appellee submitting on brief.

Present: ANNUNZIATA, FRANK and McCLANAHAN, JJ.

ANNUNZIATA, Judge.

Derek Nisbet and Kevin Strout appeal their convictions for destruction of property in violation of the City of Virginia Beach Code § 23-38. They claim that the ordinance under which they were convicted is invalid because it conflicts with Code § 18.2-137.1 For the following reasons, we reverse their convictions.

I. Background

On appeal, we view...

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