Supermarket Express, L.L.C., t/a Lagoon v. Commonwealth of Virginia

COURT OF APPEALS OF VIRGINIA Present: Judges Benton, Frank and Senior Judge Overton Argued at Chesapeake, Virginia SUPERMARKET EXPRESS, L.L.C., t/a LAGOON MEMORANDUM OPINION* BY v. Record No. 1389-04-1 JUDGE NELSON T. OVERTON MARCH 22, 2005 COMMONWEALTH OF VIRGINIA, DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND VIRGINIA ALCOHOLIC BEVERAGE CONTROL BOARD FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH H. Thomas Padrick, Jr., Judge Kevin E. Martingayle (Stallings & Bischoff, P.C., on briefs), for appellant. Carla R. Collins, Assistant Attorney General (Jerry W. Kilgore, Attorney General;…