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EBERTH v. COUNTY OF PRINCE WILLIAM

Record No. 0406-05-4.

637 S.E.2d 338 (2006)

49 Va. App. 105

Robert William EBERTH v. COUNTY OF PRINCE WILLIAM.

Court of Appeals of Virginia, Alexandria.

December 5, 2006.

Attorney(s) appearing for the Case

Robert W. Eberth, pro se.

(W. Michael Phipps, Assistant Commonwealth's Attorney, on brief), for appellee. Appellee submitting on brief.

Present: ELDER, HUMPHREYS, JJ., and FITZPATRICK, Senior Judge.

ROBERT J. HUMPHREYS, Judge.

Appellant Robert William Eberth ("Eberth") appeals his conviction for violating Prince William County Code § 13-322(a)(1), which forbids any individual from parking a vehicle not in compliance with state inspection standards on a "public highway." For the reasons that follow, we hold that the Prince William County ordinance is invalid to the extent that it authorizes the local government to issue a parking citation to an uninspected...

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