KEPA, INC. v. VIRGINIA DEPT. OF HEALTH

Record No. 1164-12-3.

751 S.E.2d 671 (2013)

62 Va. App. 614

KEPA, INC., d/b/a She-Sha Café and Hookah Lounge v. VIRGINIA DEPARTMENT OF HEALTH.

Court of Appeals of Virginia, Richmond.

December 17, 2013.


Attorney(s) appearing for the Case

Andrew P. Connors ( James R. Creekmore , Daleville; Keith Finch , Blacksburg; The Creekmore Law Firm PC, on briefs), for appellant.

Paul Kugelman, Jr. , Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: Chief Judge FELTON, Judges FRANK, HUMPHREYS, KELSEY, PETTY, ALSTON, McCULLOUGH, HUFF and CHAFIN.


UPON A REHEARING EN BANC.

PETTY, Judge.

Kepa, Inc., doing business as She-Sha Café and Hookah Lounge ("She-Sha"), appeals from an order of the trial court upholding the decision of the Virginia Department of Health ("Department") that She-Sha is not exempt from the regulations1 of the Virginia Indoor Clean Air Act ("VICAA"). A divided panel of this Court held that She-Sha was not exempt from the regulations of the VICAA...

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