Board of Supervisors v. Miller & Smith, Inc.

On July 11, 1988, the Board of Supervisors of Fairfax County (Board) denied a rezoning application filed by Miller & Smith, Inc. and Oscar and Alice Kiessling (collectively Miller & Smith). The application sought to rezone 2.187 acres of property from R-1, a residential district (allowing one dwelling unit per acre), to C-3, an office district. Although denying the C-3 zoning request, the Board of Supervisors rezoned the property to R-5, which is a residential district, allowing five dwelling units per acre.

Miller & Smith filed suit challenging the Board’s denial of its zoning request. At…