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BOARD OF SUP'RS, ETC. v. FRALIN & WALDRON, INC.

Record No. 790752.

278 S.E.2d 859 (1981)

BOARD OF SUPERVISORS OF HENRICO COUNTY, et al. v. FRALIN AND WALDRON, INC.

Supreme Court of Virginia.

June 12, 1981.

Attorney(s) appearing for the Case

William G. Broaddus, County Atty., Robert D. McIlwaine, III, Richmond (Joseph P. Rapisarda, Jr., Asst. County Atty., Frederick T. Gray, Williams, Mullen, Christian, Pollard & Gray, Richmond, on briefs), for appellants.

William B. Poff, Roanoke, Walter F. Witt, Jr., Richmond (Diane McQ. Strickland, Roanoke, William A. Walsh, Jr., Richmond, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Hunton & Williams, Richmond, on brief), for appellee.

Before CARRICO, C. J., and HARRISON, COCHRAN, POFF, COMPTON, THOMPSON and STEPHENSON, JJ.

COMPTON, Justice.

In this land use dispute, a landowner's optionee has succesfully attacked in the trial court a local governing body's decision to approve piecemeal downzoning of undeveloped property. The main issue on appeal is whether the governing body adduced sufficient evidence in the court below to make questions of mistake or change of circumstances fairly debatable. Incidental to the main issue is whether the optionee...

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