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BD. OF SUPERVISORS v. McDONALD'S CORP.

Record No. 001484.

544 S.E.2d 334 (2001)

BOARD OF SUPERVISORS OF FAIRFAX COUNTY, et al. v. McDONALD'S CORPORATION, et al.

Supreme Court of Virginia.

April 20, 2001.

Attorney(s) appearing for the Case

Jan L. Brodie, Senior Assistant County Attorney (David P. Bobzien, County Attorney; J. Patrick Taves, Deputy County Attorney, on briefs), for appellants.

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

Present: CARRICO, C.J., LACY, HASSELL, KEENAN, KOONTZ and LEMONS, JJ., and WHITING, Senior Justice.

LEMONS, Justice.

In this appeal, we consider the trial court's review of the decision of the Board of Supervisors of Fairfax County, ("Board") to deny Special Exception Application SE 96 H 032 ("SE application") filed by McDonald's Corporation, Bishop Properties, L.L.C., and Bishop Properties II, L.L.C. Specifically, we address the trial court's determination that the Board's action was invalid because the denial of the SE application was discriminatory.

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