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RENKEY v. COUNTY BOARD OF ARLINGTON COUNTY

Record No. 052139.

634 S.E.2d 352 (2006)

Mary RENKEY, et al. v. COUNTY BOARD OF ARLINGTON COUNTY, et al.

Supreme Court of Virginia.

September 15, 2006.

Attorney(s) appearing for the Case

Gifford R. Hampshire (Paul B. Terpak; Elizabeth Voyatzis; Blankenship & Keith, on brief), Fairfax, for appellants.

Carol W. McCoskrie; Raighne C. Delaney (Scott J. Spooner; Office of County Atty.; Bean, Kinney & Korman, on briefs), Arlington, for appellees.

Present: All the Justices.

OPINION BY Justice CYNTHIA D. KINSER.

In this zoning dispute, the dispositive issue is whether the circuit court erred by deciding that certain language in the first paragraph of Arlington County Zoning Ordinance (ACZO) § 27A is a preamble and not an operative part of the ordinance. We conclude that the language in question sets out mandatory, eligibility criteria for a certain zoning classification and is not merely part of a preamble. Therefore, we will reverse...

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