Newberry Station Homeowners Ass'n v. Board of Supervisors

PRESENT: All the Justices NEWBERRY STATION HOMEOWNERS ASSOCIATION, INC., ET AL. OPINION BY v. Record No. 121209 JUSTICE WILLIAM C. MIMS April 18, 2013 BOARD OF SUPERVISORS OF FAIRFAX COUNTY, ET AL. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Leslie M. Alden, Judge In this appeal, we consider whether Code § 15.2-852(A) prohibited two members of a board of supervisors from participating in and voting on an application for a special exception. We also consider whether the circuit court erred in finding sufficient evidence to make approval of the application fairly debatable. I. BACKGROUND AND…