1971

Boggs v. Board of Sup’rs of Fairfax County

Supreme Court of Virginia

211 Va. 488, 178 S.E.2d 508

Landowners had 6.7 acres of vacant land zoned single family residences. Such development was prohibitively expensive, and they requested it be rezoned to commercial use-office building, but the request was denied. Landowners filed a declaratory judgment action alleging denial was arbitrary and capricious. Trial court held zoning was not invalid, and Board’s refusal was not unreasonable, arbitrary and capricious. Supreme Court reversed and remanded. If the effect of a zoning ordinance was to completely deprive the owner of the beneficial use of the property by precluding all practical uses, it was invalid as to that property. Such zoning would be illegal as unreasonable and confiscatory. The landowners were deprived of the lawful use of their property, so the ordinance as applied to them was unconstitutional. The refusal to rezone was unreasonable and arbitrary.

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