JEFFERSON GREEN UNIT OWNERS v. GWINN

Record No. 002574.

551 S.E.2d 339 (2001)

262 Va. 449

JEFFERSON GREEN UNIT OWNERS ASSOCIATION, INC., v. Jane W. GWINN, Fairfax County Zoning Administrator, et al.

Supreme Court of Virginia.

September 14, 2001.


Attorney(s) appearing for the Case

Mark P. Freidlander, Jr. (Barbara Beach; Friedlander & Friedlander; Beach & Associates, on briefs), McLean, for appellant.

Cynthia A. Bailey, Assistant County Attorney (David P. Bobzien, County Attorney; J. Patrick Taves, Deputy County; Jan L. Brodie, Senior Assistant County Attorney, on brief), for appellees.

Present: All the Justices.


KINSER, Justice.

This appeal involves the question whether a zoning proffer that provides recreational facilities by requiring payment of membership dues in a private recreational association violates the constitutional provision prohibiting special legislation and infringes upon "freedom of association." Although we conclude that the circuit court erred in finding the proffer unconstitutional, we will affirm the court's judgment requiring a condominium unit owners...

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