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BOARD OF SUP'RS OF FAIRFAX COUNTY v. COHN

Record No. 171483.

821 S.E.2d 693 (2018)

BOARD OF SUPERVISORS OF FAIRFAX COUNTY v. Douglas A. COHN, et al.

Supreme Court of Virginia.

December 13, 2018.

Attorney(s) appearing for the Case

Sarah A. Hensley , Assistant County Attorney ( Elizabeth D. Teare , County Attorney; T. David Stoner , Deputy County Attorney, on briefs), for appellant.

Margaret M. Marks ( Sally Ann Hostetler ; John L. McBride , Reston; Odin, Feldman & Pittleman, on brief), for appellees.

Amicus Curiae: Local Government Attorneys of Virginia, Inc., ( J. Patrick Taves , Chantilly; Randall T. Greenhan ; Brian W. Prater ; Greehan, Taves & Pandak, on briefs), in support of appellant.

Amicus Curiae: Virginia REALTORS ( Laura M. Farley ; Jonathan R. Haley , on brief) in support of appellees.

PRESENT: All the Justices.

OPINION BY JUSTICE S. BERNARD GOODWYN

In this appeal, we consider whether the Circuit Court of Fairfax County erred when it held that Code § 15.2-2307(D) creates a vested right to an originally illegal use of a building or structure, after the owner has paid taxes to the locality for that building or structure for 15 years or more.

I. BACKGROUND

Douglas A. Cohn and Kathryn J. Cohn (the Cohns) own real property located in McLean...

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