Legal Opinion

Board of Zoning Appeals v. Board of Supervisors of Fairfax County

Supreme Court of Virginia

Decided February 29, 2008No. Record 070318PublishedCited by 2 opinions

1Opinion of the Court

OPINION BY Senior Justice ELIZABETH B. LACY.

The dispositive issue in this appeal is whether Code § 8.01-380(B), which allows a nonsuit as a matter of right, applies to a writ of certiorari proceeding filed pursuant to Code § 15.2-2314.

FACTS AND PROCEEDINGS

On January 20, 2004, following a hearing, the Board of Zoning Appeals of Fairfax County (the BZA) voted to reverse a decision of the zoning administrator. The, BZA's decision was transmitted to the parties in a letter from the Clerk of the BZA stating that the BZA's decision became final on February 11, 2004.

On March 12, 2004, the Board of…

2Cases cited8 opinions

  1. Virginia Beach Beautification Commission v. Board of Zoning AppealsSupreme Court of Virginia · 1986
  2. Cummings v. FulghumSupreme Court of Virginia · 2001
  3. Commercial Underwriters Insurance v. Hunt & Calderone, P.C.Supreme Court of Virginia · 2001
  4. Earley v. LandsidleSupreme Court of Virginia · 1999
  5. Thomas Gemmell, Inc. v. Svea Fire & Life InsuranceSupreme Court of Virginia · 1936

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3Cited by2 opinions

  1. Graydon Manor, LLC v. Board of Supervisors of Loudoun County, VirginiaCourt of Appeals of Virginia · 2023
  2. Joy House Senior Homes, L.C. v. JonesFairfax County Circuit Court · 2008

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