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BD. OF SUP'RS OF FAIRFAX CTY. v. ROBERTSON

Record No. 030039.

587 S.E.2d 570 (2003)

266 Va. 525

BOARD OF SUPERVISORS OF FAIRFAX COUNTY, et al., v. Richard M. ROBERTSON.

Supreme Court of Virginia.

October 31, 2003.

Attorney(s) appearing for the Case

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

H. Kendrick Sanders, Fairfax, for appellee.

Present: All the Justices.

OPINION BY Justice CYNTHIA D. KINSER.

The primary issue in this appeal concerns a challenge to the judgment of the circuit court holding that the denial of a landowner's application seeking a deviation from a setback requirement was arbitrary, capricious, and unreasonable. Finding sufficient evidence of reasonableness to make the denial a fairly debatable issue, we will reverse the judgment of the circuit court.

MATERIAL PROCEEDINGS AND FACTS

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