James D. and Beverly H. Turner - Page 7

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          government policy, passes resolutions and ordinances, and                   
          approves land use plans.  The Board consists of a chairman and              
          nine additional members called supervisors elected by the                   
          citizens of nine Fairfax County districts.  At all relevant                 
          times, Hyland was the supervisor who had been elected by the                
          citizens of the Mount Vernon District.  As of the time of trial,            
          Hyland had served as a supervisor for 18 years.                             
               The Grist Mill property was located in Fairfax County which            
          had a comprehensive zoning plan defining the permitted uses for             
          county property.  Two pertinent Fairfax County residential zoning           
          plans are R-2 zoning and planned development housing (PDH)                  
          zoning.  Under an R-2 zoning an owner would “by-right” be                   
          permitted to build two single-family dwelling units per acre.               
          The term “by-right” denotes the property uses available to an               
          owner without requesting a new zoning designation.  Greater                 
          residential per acre density is permitted under a PDH zoning                
          classification if certain requirements are met, such as the                 
          preservation of open space.  An owner of property zoned R-2 who             
          wishes to build three units per acre would have to ensure that              
          the comprehensive plan permitted it and then apply to the Board             
          for a rezoning to a PDH or R-3 classification.                              
               During the conglomeration and development of the 29.3-acre             
          parcel, petitioner and others made the representation that 60               
          dwellings or residences could have been built.  In reality, only            






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