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AVALON ASSISTED LIVING FACILITIES v. ZAGER

Record Nos. 0778-02-4, 0820-02-4.

574 S.E.2d 298 (2002)

39 Va. App. 484

AVALON ASSISTED LIVING FACILITIES, INC., d/b/a Avalon Homes v. Zofia A. ZAGER, Fairfax County Building Official, and Director, Fairfax County Office of Building Code Services. State Building Code Technical Review Board v. Zofia A. Zager, Fairfax County Building Official, and Director, Fairfax County Office of Building Code Services.

Court of Appeals of Virginia, Alexandria.

December 31, 2002.

Attorney(s) appearing for the Case

Andrew D. Levy (Sharon Krevor-Weisbaum, Shelly Marie Martin, Baltimore, MD; Mark E. Sharp, Fairfax; Brown, Goldstein & Levy, L.L.P., Baltimore, MD; Culin, Sharp & Autry, P.L.C., on briefs), for Avalon Assisted Living Facilities, Inc.

Jennifer C. Williamson, Assistant Attorney General (Jerry W. Kilgore, Attorney General; Richard B. Zorn, Senior Assistant Attorney General; John B. Purcell, Jr., Assistant Attorney General, on briefs) for State Building Code Technical Review Board.

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

Present: Judges ELDER, ANNUNZIATA and AGEE.

ELDER, Judge.

Avalon Assisted Living Facilities, Inc., d/b/a Avalon Homes (Avalon), and the State Building Code Technical Review Board (TRB) appeal from a decision of the Fairfax County Circuit Court holding that the TRB erroneously applied the Uniform Statewide Building Code (USBC) to Avalon's request to allow it to depart from the USBC's use group classifications.1 On appeal, Avalon and the TRB contend the TRB had the authority to grant...

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