COUNTY OF FAIRFAX, et al.,
v.
FLEET INDUSTRIAL PARK LIMITED PARTNERSHIP, et al.
Supreme Court of Virginia.https://leagle.com/images/logo.png
November 8, 1991.
November 8, 1991.
Attorney(s) appearing for the Case
John R. Walk (Everette G. Allen, Jr., Robert T. Billingsley, Mahlon G. Funk, Jr., David T. Stitt, County Atty., Hirschler, Fleischer, Weinberg, Cox & Allen, on briefs), for appellants.
John S. Stump (Joseph W. Wright, III, William E. Donnelly, III, Edward J. Finnegan, W. Eric Pilsk, Jerry K. Emrich, McGuire, Woods, Battle & Boothe, Hazel & Thomas, Shaw, Pittman, Potts & Trowbridge, Walsh, Colucci, Stackhouse, Emrich & Lubeley, on brief), for appellees Henry A. Long Co. and Westscot, Bogle Group/ Dulles, Inc., et al., Ray F. Smith, Jr. and Frying Pan Road Associates, Hilton Suites, Inc., Barnsfield Road Ltd. Partnership, CB Warehouse, Thomas C. Johnstone, Trustee, et al., Brookfield Ltd. Partnership, Corporate Pointe Venture, Dulles Intern. Center Venture, Fidelio Properties, Lafayette Business Center Associates, Roma Partnership, Wynwood at Westfields Ltd. Partnership, Cambridge/Lafayette Two, L.P., Carr at Walney Road, L.P., Crow-Avion Associates, et al., Barbara K. Mills, Rowe Properties II-Lafayette Ltd. Partnership, Rowe Properties-Lafayette Ltd. Partnership, Frank M. LeRoux, Trustee and Kathleen LeRoux, Frank M. LeRoux, Trustee, et al., Electronic Data Systems Corp., Brookfield III Associates Ltd. Partnership, Cecil Pruitt, Jr., Trustee, E.V.E. Joint Venture, et al., Frying Pan Road Ltd. Partnership, HPS Joint Venture, Linpro Chantilly Land Ltd. Partnership, McDonnell Douglas Realty Co., Southern States Co-op, Inc., Sully Park Associates, Sully Park Associates at Willard Road, West 50 Associates, Westfax Inn Associates, et al., Palumbo Veatch Partnership, Avion (Fairfax) Associates Ltd. Partnership, Dulles Technology Center Joint Venture, Roshanak Batmanghelidj, et al., Josef M. Gardiner, Trustee, The Woods Group and Arlington Building Supply, Inc.
(Richard E. Dixon, Donald G. Smith, James R. Hart, Dixon, Smith & Stahl, on brief), for appellee The Retired Officers Ass'n.
The Fairfax County Federation of Citizens Associations, The League of Women Voters of the Fairfax Area, The Citizens Committee on Land Use and Transp., Citizens for Balanced Growth, Homeowners Against Neighborhood Destruction, The Providence Dist. Council, The Hunter Mill Defense League, The Annandale Dist. Council, The Brookfield Citizens Ass'n and The Chantilly Coalition for Planned Growth (Nancy S. Kettelle, on brief), amicus curiae, for appellants.
Present: CARRICO, C.J., COMPTON, STEPHENSON, WHITING and KEENAN, JJ., POFF, Senior Justice, and HARRISON, Retired Justice.
Supreme Court of Virginia.
KEENAN, Justice.
The dispositive issue in this appeal is whether the 1990 amendment to the Primary Highway Transportation Improvement District in Multi-County Areas Act (Multi-County Act), Code §§ 15.1-1372.1 to.18, unlawfully delegates legislative power to individual landowners and a non-legislative body. The 1990 amendment requires the Fairfax County Board of Supervisors (County) to obtain the consent of all affected private landowners in the Route 28...
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