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GRAYDON MANOR v. BOARD OF SUPERVISORS

Record No. 1012-22-4.

894 S.E.2d 341 (2023)

79 Va. App. 156

GRAYDON MANOR, LLC v. BOARD OF SUPERVISORS OF LOUDOUN COUNTY, Virginia.

Court of Appeals of Virginia.

November 21, 2023.

Attorney(s) appearing for the Case

James J. O'Keeffe IV ( Nicholas V. Albu ; Grayson P. Hanes , McLean; Michie Hamlett PLLC; The Albu Firm PLLC; Reed Smith LLP, on briefs), for appellant.

Nicholas J. Lawrence , Fairfax ( Steven F. Jackson , Leesburg; Heather K. Bardot , Fairfax; McGavin, Boyce, Bardot, Thorsen & Katz, P.C., on brief), for appellee.

Present: Judges Humphreys, Ortiz and Senior Judge Annunziata.

OPINION BY JUDGE DANIEL E. ORTIZ

A motion to strike is available in a writ proceeding under Code § 15.2-2314, allowing circuit court review of a decision of a board of zoning appeals. Given that Code § 15.2-2314 permits the circuit court to take evidence, it necessarily follows that the circuit court is empowered to weigh the evidence it receives, and, upon finding the evidence to be insufficient, may strike it.

On appeal, Graydon Manor...

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