Fairview Co. v. Board of Supervisors

By JUDGE WILLIAM H. LEDBETTER, JR.. This opinion addresses the demurrer filed by the Board in response to Fairview’s bill of complaint and petition for mandamus. Arguments were heard on August 20¿ 1990, and the matter was taken under advisement.

Facts

Because the court is considering a demurrer, it is settled that for purposes of this decision, the court must assume the truth of all allegations properly pleaded and all reasonable inferences that may be fairly drawn from the allegations. Virginia Code 5 8.01-273; West Alexandria Properties v. First Virginia Mortgage, 221 Va. 134 (1980). Viewed…