Appeals Granted

Case

NORFOLK 102, LLC T/A BAR NORFOLK, ET AL. v. CITY OF NORFOLK, ET AL.
(Record Number 120634)

From

From the Circuit Court of the City of Norolk, N. Thomas, Judge.

Counsel

Kevin E. Martingayle (STALLINGS & BISCHOFF, P.C.) for Appellants.

Bernard A. Pishko, Adam D. Melita and Wayne Ringer (OFFICE THE CITY ATTORNEY) for Appellees.

Assignments of Error

4. The trial court erred in its ruling that the City Council's August 18, 2009 proceedings were within "the scope of its lawful authority", "did not violate [the Restaurants'] procedural or substantive due process rights", and that the Restaurants "received a reasonable opportunity to be heard."
5. The trial court erred in ruling that the Restaurants did not possess any vested rights relating to their openings in late 1998 and early 1999, and in permitting the City and its Zoning Administrator to reverse previous determinations, arguments and positions regarding the legality of the Restaurants' openings and applicability of the 1983 blanket special exception permit used for Waterside.

Date Granted

  10-4-2012