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State court of last resort · ST-VA-SC
Tanner v. City of Virginia Beach
No. 080998Supreme Court of Virginia
080998 Tanner v. City of Virginia Beach 04/17/2009 In a declaratory judgment proceeding the circuit court erred in rejecting a constitutional challenge to a municipal ordinance prohibiting any noise that was "…
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080998 Tanner v. City of Virginia Beach 04/17/2009 In a declaratory judgment proceeding the circuit court erred in rejecting a co…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Apr 17, 2009
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080998 Tanner v. City of Virginia Beach 04/17/2009 In a declaratory judgment proceeding the circuit court erred in rejecting a constitutional challenge to a municipal ordinance prohibiting any noise that was "unreasonably loud, disturbing and unnecessary," of "such character, intensity and duration as to be detrimental to the life or health of persons of reasonable sensitivity," or that "disturb[s] or annoy[s] the quiet, comfort or repose of reasonable persons." The noise control ordinance fails to give "fair notice" to citizens with ascertainable standards of conduct required by the Due Process Clause. Its reach depends on the subjective tolerances, perceptions, and sensibilities of the li…
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