1984

Cupp v. Bd. of Supervisors

Supreme Court of Virginia

227 Va. 580, 318 S.E.2d 407

Landowners had operated a retail plant nursery in Fairfax County, which was a use permitted by right when opened. In 1978, Board adopted an ordinance that changed the nursery to a special exception use. Landowners filed for a special exception use. County stated that the approval would require landowners to create right turn lane and right of way from the highway. Application was denied, and landowners filed a declaratory judgment action, challenging the construction requirements and a 1979 change in the zoning law which distinguished between a garden center and a plant nursery, and limited what a nursery could sell. Supreme Court held that the landowners had standing to bring the suit. The construction requirements could not be imposed by the Board, as there was no statute which empowered the Board to require a turnover of land to the County or build roads for the benefit of the public as a condition of a special exception application. Finally, the legislative action of the Board, concerning the garden center/nursery distinction was not unreasonable, because its aim was to properly maintain the non-commercial character of a residential area. Affirmed in part, reversed in part, and remanded.

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