Tran v. Board of Zoning Appeals

In this appeal, we consider three interrelated issues: whether the Board of Zoning Appeals’ (“BZA”) failure to render a decision on an appeal within 90 days in accordance with Code § 15.2-2312 deprived the BZA of jurisdiction to act; whether continuances allowed by The Zoning Ordinance of Fairfax County, Virginia 1 § 18-306(3) conflict with provisions of Code § 15.2-2312; and whether the BZA’s failure to act for 550 days resulted in a denial of due process.

I. Background

Kim D. Tran and Joseph Nguyen, trading as Rolling Valley Nail Care (“Nail Care”) leased from Harry L. Bedsworth (“Bedsworth”)…