Benderson Development Co. v. Sciortino

By JUDGE EDWARD W. HANSON, JR.

The matter comes on the motion of the plaintiff for summary judgment and the demurrer filed by the defendant. In summary, the plaintiffs seek to enjoin the defendant from the enforcement of Section 18.2-341 of the Code of Virginia, the so-called "Sunday closing law." The plaintiffs aver that the law is unconstitutional, primarily on the grounds that it violates the equal protection clause of the United States Constitution.

Any attack upon the constitutionality of Section 18.2-341 must be considered in light of the most recent opinion of the Supreme Court of…