Board of Supervisors v. McDonald's Corp.

In this appeal, we consider the trial court’s review of the decision of the Board of Supervisors of Fairfax County (“Board”) to deny Special Exception Application SE 96-H-032 (“SE application”) filed by McDonald’s Corporation, Bishop Properties, L.L.C., and Bishop Properties II, L.L.C. Specifically, we address the trial court’s determination that the Board’s action was invalid because the denial of the SE application was discriminatory.

I. Facts and Proceedings Below

McDonald’s is the lessee of approximately 1.20 acres of property (“McDonald’s” or “subject property”) located at the intersection…