Board of Supervisors v. Leach-Lewis

Syllabus

06/20/2024 In an appeal involving a county zoning ordinance provision, the judgment of the Court of Appeals of Virginia holding that a county Board of Zoning Appeals was required to consider whether search of a residence, conducted by a zoning official who was investigating a zoning violation, complied with the Fourth Amendment, is reversed. The proceeding at issue, a review of a notice of violation of a zoning ordinance, was a civil proceeding, and the BZA was not required to examine the constitutionality of the search underlying the notice of violation. It is further concluded that the residences in question were being used as an \office\ as that term is defined in the zoning ordinance. Accordingly, the judgment of the Court of Appeals is reversed, and final judgment is entered on this appeal in favor of the county.