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CITLAND, LTD. v. COM. EX REL. KILGORE

Record No. 0608-04-2.

610 S.E.2d 321 (2005)

45 Va. App. 268

CITLAND, LTD. v. COMMONWEALTH of Virginia, ex rel. Jerry W. KILGORE, Attorney General.

Court of Appeals of Virginia, Richmond.

March 22, 2005.

Attorney(s) appearing for the Case

Anthony F. Troy (Bryan M. Haynes; Troutman Sanders LLP, on briefs), Richmond, for appellant.

Francis S. Ferguson, Deputy Attorney General (Jerry W. Kilgore, Attorney General, Anne Marie Cushmac, Senior Assistant Attorney General, on brief), for appellee.

Present: HUMPHREYS and KELSEY, JJ., and ROSENBLATT, Retired J.

KELSEY, Judge.

This case presents the question whether the Attorney General can preclude a tobacco manufacturer from doing business in the Commonwealth (by excluding it from the statutory directory set up by Code § 3.1-336.5) solely on the ground that the manufacturer failed to pay statutory penalties proposed by the Attorney General, but not yet adjudicated by the courts. We hold the governing statutes afford him no such discretion. We reverse the circuit court...

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