Opinion
42943 Record No. 8209.
August 30, 1973
Present, All the Justices.
Zoning.
Zoning amendment has same infirmities found in companion case.
Error to a judgment of the Circuit Court of Fairfax County. Hon. William G. Plummer, judge presiding.
Affirmed.
John M. Ferren [D.C.] (Collister Johnson, Assistant County Attorney for Fairfax County; Allen R. Snyder [D.C.]; Hogan Hartson [D.C.], on brief), for plaintiff in errOr.
Nathan L. Silberberg (Howard B. Silberberg, on brief), for defendants in error.
This is a companion case to Fairfax County Board of Supervisors v. DeGroff Enterprises, 214 Va. 235, 198 S.E.2d 603, this day decided.
The question here is the validity of amendment 156 to the Fairfax County Zoning Ordinance, which we considered in DeGroff, as it applies to Planned Development Housing (PDH) zones. The parties agree that PDH zoning, which they describe as a "unique concept of the important new technique of planned development zoning districts in contrast to more conventional zoning," is valid, so that question is not before us and we express no opinion thereon.
As it applies to a PDH zone, however, the amendment has the same infirmities which we found in the zones at issue in DeGroff and for the same reasons expressed there, we affirm the trial court in holding the amendment invalid.
Affirmed.