BD. OF SUP'RS OF HENRICO CTY. v. Market Inns

The Board of Supervisors of Henrico County and the individual members of the Board (collectively, the County) appeal from a decree in favor of Market Inns, Inc., t/a Saddles (Market Inns), declaring a zoning restriction unconstitutional. The restriction provides as follows:

Any establishment permitted in this District, except a hotel or motel, shall not begin service to the public or any outside activity before 6:00 A.M. nor extend any outside activity or hours of service after 12:00 A.M. midnight.

The County’s zoning ordinance creates three business districts. The restriction applies to a B-l…