1982

Board of Sup’rs of Fairfax County v. Southland Corp.

Supreme Court of Virginia

224 Va. 514, 297 S.E.2d 718

Southland filed declaratory judgment action against Board, alleging that zoning ordinance was unconstitutional as applied to Southland. Trial court found ordinance, as applied to Southland, violated due process and equal protection provisions of the Virginia and United States Constitutions. Southland operated convenience stores known as “7-Eleven.” Ordinance allowed such “quick-service food stores” but only if the Board individually approving development plans or granted special exceptions. Southland asserted that it was denied the right to construct stores in commercial districts, and the approval process cost thousands of dollars in fees for applications, attorneys and engineering, which other businesses did not have to pay. Supreme Court reversed with final judgment. The power to regulate the use of land by zoning was a legislative power delegated to the political subdivisions of the state. The delegated power to grant or deny zoning exceptions was a legislative act. Enacted zoning ordinances were presumed to be valid. If presumptive reasonableness was challenged, then if the question was fairly debatable the ordinance must be sustained. The County presented sufficient evidence to make the reasonableness fairly debatable.

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