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Lee Jackson Dev. Corp. v. Board of Supervisors

Citation: 2 ELR 20175
No. No. 3839 (Law), 3 ERC 1961/(Va. Cir. Ct., 03/22/1972)

The petitioner, a development subsidiary of ITT-Levitt & Sons owning land in the county, appeals the Board's denial of a petition for a zoning change from Agricultural (with a minimum lot size of 3 acres) to Planned Community, allowing a gross density of fourteen persons per acre. A similar, though smaller rezoning granted to a competing developer had sufficient disimilarities such that the Board could reasonably have granted one rezoning request, while denying the other. Even if those disimilarities had not been present, a development which would increase the county's population by one-third may raise substantial issues for the Board to decide relating to health, safety and public welfare, including the costs of providing necessary services. Informal meetings of the developer with the planning staff of the county do not estop the Board from acting to deny the petition. Any consideration by the Board of an alleged desire to slow development and growth in the county was merely incidental to the real issues considered. Petition denied.

Counsel for Petitioner
Lytton H. Gibson
311 Park Avenue
Falls Church, Virginia 22046

Counsel for County
Donald W. Devine
Commonwealth's Attorney
9 North Church Street
Leesburg, Virginia 22075