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AROGAS v. FREDERICK BD. OF ZONING APPEALS

Record No. 091502.

698 S.E.2d 908 (2010)

AROGAS, INC., et al. v. FREDERICK COUNTY BOARD OF ZONING APPEALS, et al.

Supreme Court of Virginia.

September 16, 2010.

Attorney(s) appearing for the Case

Mark E. Stivers , Stephenson, for appellants.

Robert T. Mitchell, Jr. (Hall, Monahan, Engle, Mahan & Mitchell, Winchester, on brief), for appellees.

Local Government Attorneys of Virginia, Inc. ( Curt G. Spear, Jr. , Noah B. Klein , Assistant County Attorneys, on brief), amici curiae in support of appellees.

Present: All the Justices.

Opinion by Chief Justice LEROY ROUNTREE HASSELL, SR.

I.

In this appeal we consider whether petitioners, who challenge the validity of a proffer that a board of supervisors amended and approved after a public hearing, have stated a cause of action against a board of supervisors. We also consider whether the circuit court erred by remanding the proceeding to the zoning administrator and requiring him to accept the site plan application for review.

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