Legal Opinion

Avalon Assisted Living Facilities, Inc. v. Zager

Court of Appeals of Virginia

Decided December 31, 2002No. Record 0778-02-4, 0820-02-4PublishedCited by 9 opinions

1Opinion of the Court

ELDER, Judge.

Avalon Assisted Living Facilities, Inc., d/b/a Avalon Homes (Avalon), and the State Building Code Technical Review Board (TRB) appeal from a decision of the Fairfax County Circuit Court holding that the TRB erroneously applied the Uniform Statewide Building Code (USBC) to Avalon’s request to allow it to depart from the USBC’s use group classifications. 1 On appeal, Avalon and the TRB contend the TRB had the authority to grant the requested modification and that the evidence in the record supported its decision to do so. We affirm the circuit court’s conclusion that the TRB lacked…

2Cases cited11 opinions

  1. Johnston-Willis, Ltd. v. KenleyCourt of Appeals of Virginia · 1988
  2. Schmidt v. BOARD OF ADJUSTMENT, CITY OF NEWARKSupreme Court of New Jersey · 1952
  3. Hi-Craft Clothing Co. v. National Labor Relations BoardCourt of Appeals for the Third Circuit · 1981
  4. Virginia Alcoholic Beverage Control Commission v. York Street Inn, Inc.Supreme Court of Virginia · 1979
  5. Ames v. Town of PainterSupreme Court of Virginia · 1990

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3Cited by9 opinions

  1. AVANTE AT ROANOKE v. FinnertyCourt of Appeals of Virginia · 2010
  2. Board of Supervisors v. State Building Code Technical Review BoardCourt of Appeals of Virginia · 2008
  3. Virginia Department of Medical Assistance Services v. Patient Transport Systems, Inc.Court of Appeals of Virginia · 2011
  4. Horne v. Commonwealth of Virginia, Real Estate BoardCourt of Appeals of Virginia · 2011
  5. Chesapeake Hospital Authority v. Department of Medical Assistance ServicesChesapeake County Circuit Court · 2012

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