960352 Carnes v. Chesterfield County 11/01/1996 In this case where the primary issue on appeal concerns the validity of two local ordinances which impose a $125 increase in the fee charged for new res

State: Virginia

Court: Supreme Court

Docket No: 960352

Case Date: 11/01/1996

Plaintiff: 960352 Carnes

Defendant: Chesterfield County 11/01/1996 In this case where the primary issue on appeal concerns the validity

Preview:Present:  All the Justices

W. S. CARNES, INC., ET AL.

v.  Record No. 960352 OPINION BY JUSTICE BARBARA MILANO KEENAN
                                       November 1, 1996
BOARD OF SUPERVISORS OF
CHESTERFIELD COUNTY, ET AL.

FROM THE CIRCUIT COURT OF THE COUNTY OF CHESTERFIELD
Herbert C. Gill, Jr., Judge

The primary issue in this appeal concerns the validity of two ordinances which impose a $125 increase in the fee charged for new residential building permits.
The Home Builders Association of Richmond, Inc. (the Association), and W. S. Carnes, Inc., a Chesterfield County homebuilder (collectively, the builders), filed a motion for declaratory judgment against the Board of Supervisors of Chesterfield County (the Board), and William D. Dupler, the Chesterfield County Building Official.  The builders sought an order declaring invalid two ordinances adopted by the Board, which imposed a $125 increase in the permit fee charged for all new residential construction.
In their motion for declaratory judgment, the builders  contended that the ordinances violate (1) Code

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