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CUPP v. BOARD OF SUP'RS OF FAIRFAX COUNTY

Record Nos. 811574, 811632.

318 S.E.2d 407 (1984)

Blair W. CUPP, et al. v. The BOARD OF SUPERVISORS OF FAIRFAX COUNTY. The BOARD OF SUPERVISORS OF FAIRFAX COUNTY v. Blair W. CUPP, et al.

Supreme Court of Virginia.

June 15, 1984.

Attorney(s) appearing for the Case

J. Richard Tremaine, Asst. County Atty. (David T. Stitt, County Atty., George A. Symanski, Jr., Sr. Asst. County Atty., on brief), for appellant in Record No. 811632 and appellee in Record No. 811574.

Thomas O. Lawson, Fairfax (W. Brewster Cockrell; Kelly, Louk, Lawson & Shumate, Fairfax, on brief), for appellees in Record No. 811632 and appellants in Record No. 811574.

Present: All the Justices.

THOMAS, Justice.

These appeals of a zoning dispute raise questions of the proper use of a declaratory judgment proceeding, the power of a locality to require the dedication of land and the construction of a roadway as preconditions to the grant of a special exception under a zoning ordinance, and the constitutionality of an ordinance designed to control plant nurseries located in residential areas. The two appeals arise from the same facts, are inextricably interwoven...

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