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BZA OF FAIRFAX COUNTY v. BOARD OF SUP'RS

Record No. 071395.

666 S.E.2d 315 (2008)

BOARD OF ZONING APPEALS OF FAIRFAX COUNTY v. BOARD OF SUPERVISORS OF FAIRFAX COUNTY.

Supreme Court of Virginia.

September 12, 2008.

Attorney(s) appearing for the Case

Brian M. McCormack (Dunn, McCormack & McPherson, on briefs), Fairfax, for appellant.

R. Scott Wynn, Senior Asst. County Atty. (David P. Bobzien, County Atty., Jan L. Brodie, Deputy County Atty., on brief), for appellee.

Present: HASSELL, C.J., KEENAN, KINSER, LEMONS, AGEE, and GOODWYN, JJ., and LACY, Senior Justice.

OPINION BY Senior Justice ELIZABETH B. LACY.

The sole issue in this appeal is whether the circuit court erred in dismissing a declaratory judgment action filed by the Board of Zoning Appeals of Fairfax County (BZA) against the Board of Supervisors of Fairfax County (Board of Supervisors) based on the court's conclusion that the BZA does not have the authority to institute litigation on its own behalf.

The BZA's declaratory judgment action was prompted by certain...

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