Legal Opinion

Chesterfield County v. Lawless

Chesterfield County Circuit Court

Decided June 7, 1989No. Case No. 89-335Published

1Opinion of the Court

By JUDGE WILLIAM R. SHELTON

On May 25, 1989, argument was presented in regard to Defendant’s motion to dismiss the summons and charge pending. Defendant argues the following:

1. The summons fails to state a crime.

a. Section 21-10 of the Chesterfield Code, in accordance with Section 15.1-491(e) of the Virginia Code provides that any violation of the zoning ordinance shall be a misdemeanor.

b. Defendant by amended summons, has been charged with violation of Sections 21-10 and 21-34 of the Chesterfield County Code, "To Wit: Dumping unlawful items and inadequate buffer on a lot of land, in violation…

2Cases cited6 opinions

  1. Essick v. City of Los AngelesCalifornia Supreme Court · 1950
  2. Harward v. CommonwealthSupreme Court of Virginia · 1985
  3. State v. Larson Transfer & Storage, Inc.Supreme Court of Minnesota · 1976
  4. Wiley v. County of HanoverSupreme Court of Virginia · 1968
  5. Smith v. CommonwealthCourt of Appeals of Virginia · 1987

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