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COCHRAN v. FAIRFAX COUNTY BD. OF ZONING

Record Nos. 030982, 031770, 031771.

594 S.E.2d 571 (2004)

267 Va. 756

Donald H. COCHRAN, et al. v. FAIRFAX COUNTY BOARD OF ZONING APPEALS, et al. Virginia C. MacNeal v. Town of Pulaski Board of Zoning Appeals, et al. Board of Zoning Appeals of the City of Virginia Beach v. Jack Pennington, et al.

Supreme Court of Virginia.

April 23, 2004.

Attorney(s) appearing for the Case

From the Circuit Court of the City of Virginia Beach Alan E. Rosenblatt, Judge1.

J. Patrick Taves, Deputy County Attorney (Donald H. Cochran; Joann A. Cochran; Dean Salman; Diane E. Salman; Wallace T. Sansone; David P. Bobzien, County Attorney; F. Hayden Codding, Assistant County Attorney, on briefs), for appellants (Record No. 030982).

Brian M. McCormack (Dunn, McCormack & MacPherson, on brief), for appellee Fairfax County Board of Zoning Appeals (Record No. 030982).

Susan E. Grogan (John L. McBride; Vanderpool, Frostick & Nishanian, on briefs), for appellant (Record No. 031770).

Randolph D. Eley, Jr. (Douglas E. Crockett; Charles R. Beller, III; Eley & Associates, on brief), for appellees (Record No. 031770).

B. Kay Wilson, Associate City Attorney (Leslie L. Lilley, City Attorney, on brief), for appellant (Record No. 031771).

No brief or argument for appellees (Record No. 031771).

Present: HASSELL, C.J., LACY, KOONTZ, KINSER, LEMONS and AGEE, JJ., and RUSSELL, S.J.

RUSSELL, Senior Justice.

These three cases involve decisions by local boards of zoning appeals (collectively and individually, BZA) upon applications for variances from the local zoning ordinances. Although the facts and proceedings differ in each case, and will be discussed separately, the governing principles of law are the same. We therefore consider and decide the cases in a single opinion.

THE FAIRFAX CASE

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