Board of Supervisors v. Leach-Lewis

Holding

The Court of Appeals of Virginia concluded that a provision of Fairfax County’s zoning ordinance required the Board of Zoning Appeals (“BZA”) to consider whether the search of a residence, conducted by a zoning official who was investigating a zoning violation, complied with the Fourth Amendment. The proceeding at issue, a review of a notice of violation of a zoning ordinance, was a civil proceeding. The County challenges this decision. It argues that the BZA was not required to examine the constitutionality of the search underlying the notice of violation. We agree with the County. We further conclude that the residences in question were being used as an “office” as that term is defined in the zoning ordinance. Accordingly, we reverse the judgment of the Court of Appeals.