2018

Board of Supervisors of Fairfax County v. Cohn

Supreme Court of Virginia

296 Va. __, 821 S.E.2d 693

Landowners had property zoned for no more than one dwelling unit per lot. A detached garage and garden house had been converted to dwellings, and the County determined three dwellings was a zoning violation. The County required the kitchens and plumbing be removed and the two structures be returned to their original use. Landowners asserted the use as dwellings had been continuous for more than 20 years and taxes had been paid on the three dwellings for more than 15 years. They further argued Va. Code § 15.2-2307(D)(ii) protected nonconforming uses from zoning amendments. The trial court agreed, held that the statute prevented the County from declaring the structures illegal, and reversed the County’s decision. The Supreme Court reversed and entered final judgment. The statute prevents nonconforming uses for which taxes have been paid for more than 15 years from being removed or declared illegal. The County did not seek to have the structures removed or declared illegal. The County only sought to restrict their use to what the zoning permitted.

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