BOARD OF COUNTY SUP'RS OF FAIRFAX COUNTY v. CARPER


107 S.E.2d 390 (1959)

200 Va. 653

BOARD OF COUNTY SUPERVISORS OF FAIRFAX COUNTY, Virginia, v. G. Wallace CARPER et al. H. Graham MORISON et al. v. G. Wallace CARPER et al.

Supreme Court of Appeals of Virginia.

March 16, 1959.


Attorney(s) appearing for the Case

Armistead L. Boothe, Alexandria (William W. Koontz, Boothe, Dudley, Koontz & Boothe, Alexandria, on the brief), for plaintiff in error, Board of County Supervisors of Fairfax County.

Roger Fisher (H. Graham Morison (D.C.), F. Sheild McCandlish, Livingston, McCandlish & Prichard, Fairfax, on the brief), for plaintiffs in error, Morison and others.

Lytton H. Gibson, Falls Church (William H. Hansbarger, Gibson, Hix, Millsap & Hansbarger, Falls Church, on the brief), for defendants in error, Carper and others.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, WHITTLE, SNEAD and I'ANSON, J J.


I'ANSON, Justice.

G. Wallace Carper and thirty-one owners of six thousand acres of land in Fairfax county, hereinafter referred to as the appellees, filed this suit for a declaratory judgment, pursuant to § 8-578, 1950 Code, against the Board of County Supervisors, the seven individual members of the Board, the County Executive, and the Commonwealth's Attorney of the county, praying that the amendment to the Fairfax county zoning law known as the "Freehill Amendment...

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