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NEWBERRY STATION HOMEOWNERS v. SUP'RS BOARD

Record No. 121209.

740 S.E.2d 548 (2013)

285 Va. 604

NEWBERRY STATION HOMEOWNERS ASSOCIATION, INC., et al. v. BOARD OF SUPERVISORS OF FAIRFAX COUNTY, et al.

Supreme Court of Virginia.

April 18, 2013.

Attorney(s) appearing for the Case

Zachary G. Williams ( Carr Maloney , on briefs), for appellants.

Elizabeth D. Teare , Deputy County Attorney ( David P. Bobzine , County Attorney, on brief), for appellee Board of Supervisors of Fairfax County.

No brief filed by appellee Washington Metropolitan Area Transit Authority.

Present: All the Justices.

Opinion by Justice WILLIAM C. MIMS.

In this appeal, we consider whether Code § 15.2-852(A) prohibited two members of a board of supervisors from participating in and voting on an application for a special exception. We also consider whether the circuit court erred in finding sufficient evidence to make approval of the application fairly debatable.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

In 2010...

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