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BOARD OF SUP'RS v. MILLER & SMITH

Record No. 910187.

410 S.E.2d 648 (1991)

BOARD OF SUPERVISORS OF FAIRFAX COUNTY v. MILLER & SMITH, INC., et al.

Supreme Court of Virginia.

November 8, 1991.

Attorney(s) appearing for the Case

Randall T. Greehan, Asst. County Atty. (David T. Stitt, County Atty., J. Patrick Taves, Sr. Asst. County Atty., T. David Stoner, Asst. County Atty., on briefs), for appellant.

Jerry K. Emrich, Arlington (Walsh, Colucci, Stackhouse, Emrich & Lubeley, on brief), for appellees.

Present: All the Justices.

LACY, Justice.

On July 11, 1988, the Board of Supervisors of Fairfax County (Board) denied a rezoning application filed by Miller & Smith, Inc. and Oscar and Alice Kiessling (collectively Miller & Smith). The application sought to rezone 2.187 acres of property from R-1, a residential district (allowing one dwelling unit per acre), to C-3, an office district. Although denying the C-3 zoning request, the Board of Supervisors rezoned the property to R-5, which...

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