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WEST LEWINSVILLE HEIGHTS v. BD. OF SUP'RS

Nos. 042274, 042326.

618 S.E.2d 311 (2005)

270 Va. 259

WEST LEWINSVILLE HEIGHTS CITIZENS ASSOCIATION, et al. v. BOARD OF SUPERVISORS OF FAIRFAX COUNTY, et al. Board of Zoning Appeals of Fairfax County v. Board of Supervisors of Fairfax County, et al.

Supreme Court of Virginia.

September 16, 2005.

Attorney(s) appearing for the Case

William A. Marr, Jr. (Jeffrey S. Danzig, Washington, on briefs), for appellants in No. 042274.

Brian M. McCormack (Dunn, McCormack & MacPherson, Fairfax, on briefs), for appellant in No. 042326.

Jan L. Brodie, Senior Asst. County Atty. (David P. Bobzien, County Atty.; J. Patrick Taves, Deputy County Atty.; R. Scott Wynn, Senior Asst. County Atty., on brief), for appellees.

Present: All the Justices.

KEENAN, Justice.

These appeals present two major issues. The first issue, which is procedural in nature, is whether a petition for a writ of certiorari from a decision of a board of zoning appeals was timely when it was filed within 30 days after a letter sent from the board's clerk stating the board's final decision. The second issue, involving the merits of the case, is whether a zoning ordinance permitted a county park authority to allow a private institution regular...

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