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KNOWLTON v. BROWNING-FERRIS INDUSTRIES

Record No. 780109.

260 S.E.2d 232 (1979)

Gilbert R. KNOWLTON, Zoning Administrator of Fairfax County v. BROWNING-FERRIS INDUSTRIES OF VIRGINIA, INC., d/b/a Big K Trash Service, Raymond H. Zell, Jr., Eva J. Zell, Thomas A. Germaine and Samuel Ziff.

Supreme Court of Virginia.

November 21, 1979.

Attorney(s) appearing for the Case

David T. Stitt, Asst. County Atty. (Frederic Lee Ruck, County Atty., Robert F. Flinn, Asst. County Atty., on briefs), for appellant.

Dexter S. Odin, Terrance Ney, Fairfax (E. A. Prichard, Carson Lee Fifer, Jr., Robert K. Richardson, John B. Connor, Boothe, Prichard & Dudley, Odin, Feldman & Pittleman, P. C., Fairfax, on briefs), for appellees.

No brief or argument for Thomas A. Germaine or Samuel Ziff.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

POFF, Justice.

The Zoning Administrator of Fairfax County (hereinafter, the County), complainant below, appeals from a decree refusing to enjoin the operation of a trash collection enterprise on a 6.035-acre parcel of land in a single-family residential zone (RE-1). We believe the chancellor erred in holding that defendants were maintaining a lawful nonconforming use,1 and we reverse.

The essential facts are undisputed. The land...

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