Board of Supervisors v. Machnick

In this appeal, the Board of Supervisors of Fauquier County (Board) seeks reversal of a decision in which the trial court held that the Fauquier County Zoning Ordinance (Ordinance) did not support the Board’s denial of a final subdivision plan submitted to it by Frank and Leeda Machnick.1 We conclude that the trial court improperly construed the applicable Ordinance provisions.

The material facts in this case are not in dispute. In July 1988, the Machnicks filed a preliminary subdivision plan. They proposed a “conventional” rather than “cluster” subdivision of their 116.2-acre parcel (subject…