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CONYERS v. MARTIAL ARTS WORLD OF RICHMOND

Record No. 060232.

639 S.E.2d 174 (2007)

Anthony CONYERS, Jr., Commissioner, Commonwealth of Virginia Department of Social Services v. MARTIAL ARTS WORLD OF RICHMOND, INC., et al.

Supreme Court of Virginia.

January 12, 2007.

Attorney(s) appearing for the Case

Allen T. Wilson, Special Counsel (Robert F. McDonnell, Atty. Gen.; David E. Johnson, Deputy Atty. Gen.; Kim F. Piner, Senior Asst. Atty. Gen., on briefs), for appellant.

Michael R. Ward (Moris & Morris, on brief), Richmond, for appellees.

Present: All the Justices.

OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we review the judgment of the circuit court that a particular martial arts instruction program for children, which qualifies as a "child day program" generally subject to licensure by the Virginia Department of Social Services, is exempt from licensure under the "come and go" exemption set forth in Code § 63.2-1715(A)(2). The dispositive issue is the proper...

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