Supreme Court of Virginia April 27, 1964, Record 5735 (City of Fairfax v. Shanklin)

Carrico, J.,

delivered the opinion of the court.

On May 2, 1962, Jay E. Shanklin, the plaintiff, filed a “Motion for Declaratory Judgment and Other Relief” (Code, § 8-578) against the city of Fairfax and the Board of Zoning Appeals of the city, the defendants.

The motion sought an adjudication that certain section^ of the

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city’s zoning ordinance were:.