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CITY COUNCIL OF CITY OF FAIRFAX v. SWART

Record No. 740584.

217 S.E.2d 803 (1975)

CITY COUNCIL OF the CITY OF FAIRFAX, Virginia, v. John F. SWART, Jr., et al.

Supreme Court of Virginia.

September 5, 1975.

Attorney(s) appearing for the Case

Thomas P. Dugan, Fairfax (Surovell, Smith, Parks, Colten & Dugan, Fairfax, on brief), for appellant.

John T. Hazel, Jr., Fairfax (Francis A. McDermott, Hazel, Beckhorn & Hanes, Fairfax, on brief), for appellees.

Before CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

PER CURIAM.

The City Council (Council) of the City of Fairfax (City) denied the application of the landowners, John F. Swart, Jr., and Asa A. Swart, and their lessee, The Hechinger Company, (collectively referred to as Swart) to rezone 3.285 acres of land on Jermantown Road in the City of Fairfax from single-family residential use (R-3) to commercial use (C-2). Upon Swart's motion for declaratory judgment, the trial court found the Council's action in refusing to...

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