Robertson v. Fairfax County Board of Supervisors

By Judge Arthur B. Vieregg

The subject of this zoning case is an ordinance enacted by the Fairfax Board of Supervisors (“Board”), Fairfax County Zoning Ordinance, § 2-414 (“§ 2-414”). It prohibits the construction of residential dwellings within 200 feet of an interstate highway or the Dulles Airport Access Road (“DAAR”). However, it provides that the Board may approve exceptions to this residential development ban if an affected landowner submits proffers deemed acceptable to the Board. The focal issue framed by this case is the extent to which § 2-414 affords the Board discretion to…