Chang v. Fairfax County Board of Supervisors

By Judge Thomas A. Fortkort

The case at bar came forward on petitioner’s Motion for Summary Judgment on the grounds that the zoning change of the subject property from a C-8 district to the R-2 district was void due to the Board’s failure to comply with Section 15.1-49(c) of the Virginia Code. Notice was given to change the zoning from a C-8 commercial district to a R-l residential district, and at the close of the hearing, the Board mandated a change to a R-2 residential district, admittedly a more intense development model than a R-l classification.

The petitioner further avers that the Board…