Dick Kelly Enterprises v. City of Norfolk

In this injunction suit brought by a municipal corporation to enforce its zoning ordinance and building code against the unlawful use of property, the landowner’s failure to pursue an available administrative remedy at the inception of the controversy pervades the entire case.

In September 1983, appellants Richard M. Kelly and Richard M. Kelly, Jr., organized appellant Dick Kelly Enterprises, Virginia Partnership, #11, a general partnership, with the senior Kelly as the managing partner. In December 1983, the partnership purchased property that is the subject of this dispute, 9508 29th Bay…