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MILLER v. HIGHLAND COUNTY

Record Nos. 062111, 062489.

650 S.E.2d 532 (2007)

Lucile Swift MILLER, et al. v. HIGHLAND COUNTY, et al. Tom Brody, et al. v. Highland County, et al.

Supreme Court of Virginia.

September 14, 2007.

Attorney(s) appearing for the Case

David S. Bailey, Manassas, for appellants.

Gregory J. Haley, Roanoke; Brian K. Brake, Harrisonburg (Melissa Ann Dowd, County Attorney; John W. Flora, Harrisonburg; Monica Taylor Monday, Roanoke; Mark D. Obenshain; Gentry Locke Rakes & Moore; Lenhart Obenshain, on briefs), for appellees.

Present: HASSELL, C.J., KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and CARRICO and LACY, S.JJ.

OPINION BY Justice BARBARA MILANO KEENAN.

In these appeals, two issues assigned as cross-error determine the outcome of the cases. Those issues are 1) whether a county board of supervisors is a required party defendant in a legal action contesting the board's decision to grant a conditional use permit; and 2) whether neighboring landowners may file a declaratory judgment action contesting a county planning commission's decision that a certain conditional use is in...

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