2005

W. Lewinsville Heights Citizens Ass’n v. Bd. of Supervisors

Supreme Court of Virginia

270 Va. 259, 618 S.E.2d 311

Fairfax County Park Authority entered into an agreement to permit a private university up to 300 hours per year of athletic field use at a public park, for soccer and lacrosse practices and matches. Citizen’s group contacted Zoning Administrator to ask if such use needed a special exception. Administrator said no. Board of Zoning Appeals overruled Administrator. County filed for review in circuit court. Board filed plea in bar as County did not file appeal within thirty days as required by Va. Code § 15.2-2314. Trial court denied plea in bar and reversed Board’s ruling. Supreme Court said appeal to the trial court was untimely filed, and would not rule on merits, thereby dismissing County’s appeal.

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