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BOARD OF SUP'RS v. BD. OF ZONING APPEALS

No. 032390.

604 S.E.2d 7 (2004)

268 Va. 441

BOARD OF SUPERVISORS OF FAIRFAX COUNTY v. BOARD OF ZONING APPEALS OF FAIRFAX COUNTY, et al.

Supreme Court of Virginia.

November 5, 2004.

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 appellant.

John L. McBride; Brian M. McCormack (Susan E. Grogan; Maynard L. Sipe; Vanderpool, Frostick & Nishanian; Dunn, McCormack & MacPherson, on briefs), for appellees.

Present: All the Justices.

HASSELL, Chief Justice.

The primary issue we consider in this appeal is whether a county has standing to challenge the decision of a board of zoning appeals.

I.

James L. Hickerson owns a parcel of land in Fairfax County. The parcel is subject to a zoning classification of R-3 District (Residential District, Three Dwelling Units/Acre). The minimum lot requirement in this zoning classification is 10,500 square feet, and the minimum lot width requirement...

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