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BOARD OF SUP'RS v. WASHINGTON, D.C. SMSA

Record No. 982627.

522 S.E.2d 876 (1999)

258 Va. 558

BOARD OF SUPERVISORS OF FAIRFAX COUNTY, Virginia v. WASHINGTON, D.C. SMSA L.P., et al.

Supreme Court of Virginia.

November 5, 1999.

Attorney(s) appearing for the Case

J. Patrick Taves, Deputy County Attorney (David P. Bobzien, County Attorney; Randall T. Greehan, Assistant County Attorney; David W. Stroh, Assistant County Attorney, on briefs), for appellant.

James F. Hayes, Senior Assistant Attorney General; Paul J. Kiernan; Richard T. Tomar, Washington, DC (Mark L. Earley, Attorney General; Stephen J. Telfeyan, Assistant Attorney General; Marc E. Miller; Karin M. Ryan, Washington, DC; Frank W. Stearns, Fairfax; Sharon M. Goley; Edward L. Donohue; Wilkes, Artis, Hedrick & Lane; Margolius, Mallios, Davis, Rider & Tomar, Washington, DC, on brief), for appellees.

Amici Curiae: Board of Supervisors of Stafford County, Virginia and Board of Supervisors of Hanover County, Virginia (Blair D. Mitchell, Deputy County Attorney; A. Lisa Barker, Senior Assistant County Attorney, on brief), in support of appellant.

Amicus Curiae: Board of Supervisors of Prince William County (Sharon E. Pandak, County Attorney; Robert B. Dickerson, Assistant County Attorney, on brief), in support of appellant.

Present: CARRICO, C.J., COMPTON, LACY, KEENAN, KOONTZ, and KINSER, JJ.

KOONTZ, Justice.

The diapositive issue in this appeal is whether telecommunications facilities constructed, or to be constructed, by a private commercial owner on its leasehold on land within the rights-of-way of the Virginia Department of Transportation (VDOT) are exempt from the zoning authority of the locality in which that land is located.

BACKGROUND

Beginning in October 1996, VDOT and Washington D.C. SMSA L.P. and Wireless PCS, Inc. (the telecommunications...

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