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HIGHLANDS AIRPORT AUTH. v. SINGLETON AUTO PARTS, INC.

Record No. 080286.

670 S.E.2d 734 (2009)

VIRGINIA HIGHLANDS AIRPORT AUTHORITY v. SINGLETON AUTO PARTS, INC.

Supreme Court of Virginia.

January 16, 2009.

Attorney(s) appearing for the Case

R. Lucas Hobbs (James W. Elliott, Jr.; Elliott Lawson & Minor, on briefs), Bristol, for appellant.

Wade W. Massie (Penn, Stuart & Eskridge, on brief), Abingdon, for appellee.

Amicus Curiae: Virginia Airport Operators Council (R. Harvey Chappell, Jr.; Paul W. Jacobs II; David B. Lacy; Christian & Barton, on brief), in support of appellant.

Present: All the Justices.

OPINION BY Justice LEROY F. MILLETTE, JR.

This appeal involves the interaction of a local zoning ordinance establishing an airport safety overlay zone and an avigation easement1 sought by the Virginia Highlands Airport Authority2 (Airport Authority) to remove obstructions on the property of Singleton Auto Parts, Incorporated (Singleton), which were preserved pursuant to a grandfather clause in the ordinance...

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