City of Fairfax v. Shanklin

On May 2, 1962, Jay E. Shanklin, the plaintiff, filed a “Motion for Declaratory Judgment and Other Relief” (Code, § 8-578) against the city of Fairfax and the Board of Zoning Appeals of the city, the defendants.

The motion sought an adjudication that certain section^ of the city’s zoning ordinance were:.invafidi; áixsofar as they purported to confer upon the Board of Zoning Appeals the authority to issue special use permits-for. the-construed©^ of apartments in the city. The motion prayed that the city be restrained, “from issuing any building or construction permit - pursuant to any ‘special…