Board of Zoning Appeals of Fairfax County v. Board of Supervisors of Fairfax County

Summary

The Supreme Court of Virginia held that the Board of Zoning Appeals of Fairfax County lacked authority to institute a declaratory judgment action on its own behalf because Virginia law did not expressly grant that power. The Court affirmed dismissal of the action, explaining that boards of zoning appeals possess only powers expressly granted and are not entitled to rely on the implied or essential-powers components of Dillon's Rule.

Holdings

1. A board of zoning appeals is limited to powers expressly granted by statute and therefore lacks authority to institute litigation on its own behalf when no statute expressly confers that power.
2. Dillon's Rule does not give a board of zoning appeals authority to sue based on an asserted essential or indispensable power; the rule's corollary concerns applying Dillon's Rule to other public bodies, not an additional source of power for boards of zoning appeals.

Questions Presented

1. Whether a board of zoning appeals has authority to institute litigation on its own behalf when no Virginia statute expressly grants that authority.
2. Whether Dillon's Rule or its alleged essential-and-indispensable-powers corollary provides a board of zoning appeals with implied authority to sue.

Disposition

affirmed