CaseH. CURTISS MARTIN, ET AL., v. CITY OF ALEXANDRIA, ET AL.
(Record Number 121526)
FromThe Circuit Court for the City of Alexandria, J. Howe Brown, Judge.
CounselGifford R. Hampshire and Petula C. Metzler (Blankingship & Keith), and Peter A. Dingman and Anne M. Heishman (Dingman & Labowitz) for appellants.
Michael J. Coughlin (Walsh, Colucci, Lubeley, Emrich & Walsh, P.C.) for appellees.
Assignment of Error
- The trial court erred in upholding the BZA's decision granting variances because the BZA acted unconstitutionally and contrary to and excess of the limited authority granted to it by the General Assembly by considering irrelevant design variables, by failing to find undue or unnecessary hardship if the variances were not granted and substantial detriment if the variances were granted and by granting the variances where an amendment to the Zoning Ordinance or approval of a development application were reasonably practical solutions.