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BOARD OF ZONING v. BOARD OF SUPERVISOR

Record No. 070318.

657 S.E.2d 147 (2008)

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

Supreme Court of Virginia.

February 29, 2008.

Attorney(s) appearing for the Case

Brian M. McCormack (Dunn, McCormack & MacPherson, on briefs), Fairfax, for appellant.

John E. Foster, Asst. County Atty. (Jan L. Brodie, Deputy County Atty., Cynthia L. Tianti, Sr. Asst. County Atty., on brief), for appellees.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and GOODWYN, JJ., and LACY, S.J.

OPINION BY Senior Justice ELIZABETH B. LACY.

The dispositive issue in this appeal is whether Code § 8.01-380(B), which allows a nonsuit as a matter of right, applies to a writ of certiorari proceeding filed pursuant to Code § 15.2-2314.

FACTS AND PROCEEDINGS

On January 20, 2004, following a hearing, the Board of Zoning Appeals of Fairfax County (the BZA) voted to reverse a decision of the zoning administrator. The, BZA's decision was transmitted...

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