2010

Schefer v. City Council of Falls Church

Supreme Court of Virginia

279 Va. 588, 691 S.E.2d 778

Landowner filed an action challenging the City’s Zoning Ordinance § 1799, which regulated building heights for one-family dwelling building heights on all standard and substandard residential lots. Landowner claimed the Ordinance violated the provisions of Va. Code § 15.2-2282 and deprived him of equal protection under the law. Trial court found that the height restrictions were uniformly applied to both standard and substandard lots, and did not violate the uniformity provisions of the statute. Further, the Ordinance was not inherently suspect and did not infringe upon the exercise of a fundamental right. Supreme Court affirmed the summary judgment in favor of the City.

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