MacDonald v. City of Fairfax

By Judge Randy I. Bellows

This matter is before the Court on the Plaintiffs’ declaratory judgment action against the Defendants. The Court heard legal argument on June 17, 2010, and took the matter under advisement at that time. After reviewing the parties’ briefs, the Court is now prepared to rule.

I. Background of the Enabling Legislation and Zoning Ordinance

Ya. Code Ann. § 36-105.1:1(B) (“Enabling Legislation”) gives local governing bodies the power to adopt an ordinance which establishes rental inspection districts within that locality. The Enabling Legislation also sets out a specifically…