COVEL v. TOWN OF VIENNA

Record No. 091343.

694 S.E.2d 609 (2010)

Michael W. COVEL, et al. v. TOWN OF VIENNA.

Supreme Court of Virginia.

June 10, 2010.


Attorney(s) appearing for the Case

Debra Fitzgerald-O'Connell (Erin Fitzgerald O'Connell, on briefs), for appellants.

John D. McGavin (Amy A. Lombardo; Steven D. Briglia, Town Attorney; Trichilo, Bancroft, McGavin, Horvath & Judkins, on brief), for appellee.

Present: All the Justices.


OPINION BY Justice WILLIAM C. MIMS.

In this appeal we consider the validity of Vienna Town Code ("VTC") §§ 18-258 to -280 (the "Historic Districts Ordinance") and §§ 18-280.1 to -280.13 (the "WHHD Ordinance"), which create the Windover Heights Historic District (the "WHHD"). We also consider an appeal from the denial of a certificate of appropriateness under the WHHD Ordinance.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

The...

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