1954

Town of Leesburg v. Tavenner

Supreme Court of Virginia

196 Va. 80, 82 S.E.2d 597

Town enacted an ordinance which reserved parking in certain areas on public streets for the loading and discharge of passengers of common carriers. Tavenner leased a building abutting the reserved area. Tavenner sought a permanent injunction to stop enforcement of the ordinance, which was granted by the trial court. Supreme Court reversed and entered final judgment. The Town was using the police power delegated by the state. Such power may be used to restrict personal property rights in the interest of public safety. While an abutter had an easement in public roads which was a property right, it was subordinate to the right of the Town to control streets to promote safety.

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