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VIRGINIA DEPT. OF HEALTH v. KEPA, INC.

Record No. 140100.

766 S.E.2d 884 (2015)

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

Supreme Court of Virginia.

January 8, 2015.

Attorney(s) appearing for the Case

Matthew L. Gooch , Assistant Attorney General ( Mark R. Herring , Attorney General; John W. Daniel, II , Deputy Attorney General; Lynne C. Rhode , Senior Assistant Attorney General; Paul Kugelman, Jr. , Senior Assistant Attorney General; Karri B. Atwood , Assistant Attorney General II, on briefs), for appellant.

Andrew P. Connors ( James R. Creekmore ; Keith Finch ; Brennan Crowder ; Creekmore Law Firm, Daleville, on brief), for appellee.

PRESENT: LEMONS, C.J., GOODWYN, MILLETTE, MIMS, McCLANAHAN, and POWELL, JJ., and RUSSELL, S.J.

In this appeal, we consider whether the Court of Appeals erred in construing the Virginia Indoor Clean Air Act to exempt a retailer of tobacco and tobacco products from regulation, despite the fact that it also serves food.

I. BACKGROUND AND MATERIAL PROCEEDINGS...

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