Appeals Granted

Case

MICHAEL W. COVEL, ET AL. v. TOWN OF VIENNA
(Record Number 091343)

From

The Circuit Court of Fairfax County; Stanley P. Klein, Judge.

Counsel

Debra Fitzgerald-O'Connell (Debra Fitzgerald-O'Connell PLC) for appellants.

John D. McGavin, Amy A. Lombardo (Trichilo, Bancroft, McGavin, Horvath & Judkins, P.C.) for appellee.

Assignments of Error

1. The Chancellor erred in ruling that the Vienna Town Council's designation of the Windover Heights Historic District is consistent with the statutory requirements of former Code Virginia Code Ann. Sec. 15.2-503.2 and its successor statute, Virginia Code Ann. Sec. 15.2-2306.
2. The Chancellor erred in ruling that the language of the provisions of the Vienna Town Code establishing the Windover Heights Historic satisfies the requirements of Virginia Code Ann. Sec. 15.2-503.2 and its successor statute, Virginia Code Ann. Sec. 15.2-2396.
3. The Chancellor erred in ruling that the Windover Heights Historic District is not void or invalidly enacted due to non-compliance with the requirements of former Code Virginia Code Ann. Sec. 14.2-503.2 and its successor statute, Virginia Code Ann. Sec. 15.2-2306.
4. The Chancellor erred in ruling that there was a legal and factual basis for concluding that the Windover Heights Historic District was properly created pursuant to authority delegated to the Town the Virginia General Assembly.
5. The Chancellor erred in ruling that the Windover Heights Historic District is not void or invalidly enacted due to non-compliance with the strict criteria and procedures established in the Vienna Town Code.
6. The Chancellor erred in finding that the WHHD Ordinance was not void for vagueness.
7. The Chancellor erred in ruling that the decisions of the BOR and/or Town Council were not arbitrary, capricious and improper.

Date Granted

  11-5-2009