1991

Bd. of Supervisors v. Miller & Smith, Inc.

Supreme Court of Virginia

242 Va. 382, 410 S.E.2d 648

Landowners sought to have 2.187-acre parcel zoning changed from R-1residential (one dwelling per acre) to office district. Board denied request and changed the zoning to residential R-5 (five dwellings per acre). Landowners appealed, and trial court upheld the zoning to R-5, but also said landowner must get R-8 zoning if applied for. On appeal, Supreme Court stated that when two reasonable zoning classifications apply to a property, it is the legislative body that has the prerogative to choose between the two. Trial court erred when it held that the Board must choose the R-8 over the R-5. Lower court’s order was modified.

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