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ALEXANDRIA CITY v. MIRANT POTOMAC RIVER

Record No. 061028.

643 S.E.2d 203 (2007)

ALEXANDRIA CITY COUNCIL, et al. v. MIRANT POTOMAC RIVER, LLC, et al.

Supreme Court of Virginia.

April 20, 2007.

Attorney(s) appearing for the Case

John Britton (Jonathan M. Stern; Neil T. Proto; Steven R. Johnson; Ignacio B. Pessoa, Alexandria, City Attorney; Schnader Harrison Segal & Lewis, on briefs), for appellants.

Paul J. Kiernan, Washington DC (Marc E. Miller; Willliam B. Poff, Frank K. Friedman, Roanoke; Holland & Knight, Washington, DC; Woods Rogers, Roanoke, on brief), for appellees.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and RUSSELL, S.J.

OPINION BY Justice ELIZABETH B. LACY.

In this appeal, the City of Alexandria asks us to reverse the circuit court's judgment declaring the 2004 Text Amendment to the City's zoning ordinance invalid and reinstating two auxiliary special use permits (SUPs) issued to Mirant Potomac River, LLC, (Mirant) in conjunction with the operation of an electricity generating plant (the Plant). As discussed below, we conclude that the Text Amendment violated Code § 15.2-2307...

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