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FAUBER v. TOWN OF CAPE CHARLES

Record No. 0366-23-1.

896 S.E.2d 818 (2024)

79 Va. App. 660

David W. FAUBER v. TOWN OF CAPE CHARLES, et al.

Court of Appeals of Virginia, Norfolk.

January 30, 2024.

Attorney(s) appearing for the Case

Kevin E. Martingayle , Virginia Beach (Bischoff Martingayle, P.C., on briefs), for appellant.

Jeffrey A. Hunn ( Richard H. Matthews ; Pender & Coward, P.C., on brief), Virginia Beach, for appellees.

Present: Chief Judge Decker, Judges Huff and Raphael.

Article VII, § 6 of the Virginia Constitution provides that a person elected to the governing body of a locality is ineligible, "during the term of office for which he was elected or appointed, to hold any office filled by the governing body." Under its charter, the Town of Cape Charles is "governed by a...

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