Fairfax County Board of Supervisors v. Zoning Appeals Board

By Judge Michael P. McWeeny

This matter came before the Court on March 5, 1998, upon a writ of certiorari for review of a decision of the Board of Zoning Appeals of Fairfax County. At that time the Record of the proceeding was unavailable; however, the loan of a copy to the Court allowed argument to be presented. Upon request from each counsel for leave to file a memorandum in support of their arguments, the Court took the case under advisement. The Court now has received and reviewed the Record and the memoranda and, for the reasons set forth below, the Court reverses the decision of the…