2004
Bd. of Supervisors v. Bd. of Zoning Appeals
Supreme Court of Virginia
268 Va. 441, 604 S.E.2d 7
Landowner wanted to subdivide his lot in two and construct two houses, but needed a variance to do so. Board of Zoning Appeals granted variance and Board of Supervisors appealed to circuit court. Board of Zoning Appeals argued the Supervisors did not have standing. Trial court found standing but also upheld grant of variance. Supreme Court held, pursuant to Va. Code §§ 15.2-2314 and 1404, that Board of Supervisors had standing as it was aggrieved by a decision of the Board of Zoning Appeals. The granting of the variance was reversed.
Dissent by Justices Kinser and Lacy, asserting that the Board of Supervisors is not a “person aggrieved” under § 15.2-2314.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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