Board of Supervisors v. Robertson

The primary issue in this appeal concerns a challenge to the judgment of the circuit court holding that the denial of a landowner’s application seeking a deviation from a setback requirement was arbitrary, capricious, and unreasonable. Finding sufficient evidence of reasonableness to make the denial a fairly debatable issue, we will reverse the judgment of the circuit court.

*528MATERIAL PROCEEDINGS AND FACTS

The appellee, Richard M. Robertson (“Robertson”), owns approximately 2.78 acres of real estate located on the west side of the Dulles Airport Access Road (“DAAR”) and south of Idylwood Road in…