BOARD OF SUP'RS, ETC. v. Southland Corp.

In this zoning case, we must decide whether a local zoning ordinance may constitutionally distinguish “quick-service food stores” from other grocery stores and similar retail uses. The Southland Corporation brought a motion for declaratory judgment against the Board of Supervisors of Fairfax County, seeking an adjudication that certain parts of the Fairfax County Zoning Ordinance were unconstitutional and void as applied to it. The trial court, after hearing the evidence ore tenus, in a written opinion found for Southland. It held that the ordinance, as applied to Southland, violates the due…