D.R. HORTON v. BOARD OF SUP'RS

Record No. 120384.

737 S.E.2d 886 (2013)

285 Va. 467

D.R. HORTON, INC. v. BOARD OF SUPERVISORS FOR the COUNTY OF WARREN.

Supreme Court of Virginia.

February 28, 2013.


Attorney(s) appearing for the Case

Jon F. Mains (Mains & Associates, on briefs, Fairfax), for appellant.

Blair D. Mitchell , County Attorney, for appellee.

Present: All the Justices.


OPINION BY Justice ELIZABETH A. McCLANAHAN.

D.R. Horton, Inc. (Horton) challenges the trial court's ruling that certain building permit fees it paid to Warren County, which were later found to be unlawful, were nonetheless paid "voluntarily" under the common law voluntary payment doctrine, thus defeating Horton's claim for their return. We will affirm the judgment of the trial court.

BACKGROUND

At the request of Blue Ridge Shadows, LLC (BRS) (Horton...

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