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JENNINGS v. BD. OF SUP'RS OF NORTHUMBERLAND

Record No. 100068.

708 S.E.2d 841 (2011)

John L. JENNINGS, t/a Jennings Boatyard, Inc. v. BOARD OF SUPERVISORS OF NORTHUMBERLAND COUNTY.

Supreme Court of Virginia.

April 21, 2011.

Attorney(s) appearing for the Case

Roger G. Hopper , Saluda, for appellant.

W. Leslie Kilduff, Jr. (Burke & Kilduff, on brief), for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, and MIMS, JJ., and CARRICO and KOONTZ, S.JJ.

OPINION BY Chief Justice CYNTHIA D. KINSER.

In this appeal, a landowner with riparian rights who operates a commercial marina/boatyard challenges a locality's zoning authority to regulate the construction of additional mooring slips and accompanying piers that would lie beyond the mean low-water mark of a tidal, navigable body of water. The landowner also challenges as void the locality's special exception permit ordinance, claiming that the ordinance lacks adequate...

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