Bollinger v. Bd. of Sup'rs of Roanoke County

Cecil V. Bollinger and others, appellants, are here on an appeal from a judgment upholding the validity of a conditional use permit issued by the Board of Supervisors of Roanoke County (Board). The permit was issued jointly to the city, and county of Roanoke for the operation of a sanitary landfill in Roanoke County on land zoned A-l, agricultural.

The appellants contend that the trial court erred in holding: that the Board acted in its legislative capacity in issuing the permit; that Section 21-6 of the Roanoke County Code is constitutional; and that the action of the Board was not arbitrary,…