Anders Larsen Trust v. Board of Supervisors of Fairfax County
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The Supreme Court reversed the judgment of the circuit court that Neighbors lacked standing to challenge the judgment of Fairfax County's Zoning Administrator and Board of Zoning Appeals concluding that NewPort Academy, which sought to open a residential treatment center for teenage girls, was a "by right" use, holding that Neighbors had standing.
Neighbors, who either owned houses or lived in houses next to the proposed treatment center, argued that the proposed facility was not a "by right" use in the zoning district, thus requiring a special exception permit to operate in a residential zone. The circuit court concluded that Neighbors lacked standing to challenge the Board's decision and dismissed the case on that basis. The Supreme Court reversed, holding that the allegations made by Neighbors were sufficient to establish that they had standing.
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