Legal Opinion
Bd. of Supervisors of Fairfax Cnty. v. Cohn
Supreme Court of Virginia
Decided December 13, 2018No. Record 171483PublishedCited by 1 opinion
1Opinion of the Court
OPINION BY JUSTICE S. BERNARD GOODWYN
In this appeal, we consider whether the Circuit Court of Fairfax County erred when it held that Code § 15.2-2307(D) creates a vested right to an originally illegal use of a building or structure, after the owner has paid taxes to the locality for that building or structure for 15 years or more.
I. BACKGROUND
Douglas A. Cohn and Kathryn J. Cohn (the Cohns) own real property located in McLean, Virginia (the Property). The Property is a lot located in an R-1 zoning district, which is zoned for "not more than one (1) dwelling unit on any one (1) lot," under…
2Cases cited6 opinions
- Conyers v. MARTIAL ARTS WORLD OF RICHMONDSupreme Court of Virginia · 2007
- Board of Supervisors v. BOARD OF ZONINGSupreme Court of Virginia · 2006
- Lucy v. County of AlbemarleSupreme Court of Virginia · 1999
- Hale v. BOARD OF ZONING APPEALS, TOWN OF BLACKSBURGSupreme Court of Virginia · 2009
- Davis Ex Rel. Woodside Props., LLC v. MKR Dev., LLCSupreme Court of Virginia · 2018
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3Cited by1 opinion
- Fishing Point Healthcare, LLC v. The City of Chesapeake, Virginia; and The City Council of the City of Chesapeake, VirginiaDistrict Court, E.D. Virginia · 2026