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Judge Rules Vs. Maller in Upholding Zoning Decision on F.C. Sub-Standard Lots

Arlington County Circuit Court Judge James Almand yesterday ruled against former Falls Church City Councilman Dan Maller in his lawsuit against the City of Falls Church on the matter of sub-standard lot residential construction on Lincoln Avenue. Maller sued the City and the lot owners, the McArthur family, claiming that the F.C. Zoning Administrator and the F.C. Board of Zoning Appeals incorrectly interpreted the zoning ordinance and approved a grading plan that allowed the McArthurs to build a single family home on each of their two adjoining sub-standard lots in the 1000 block of Lincoln Ave.

At the conclusion of the case, Judge Almand ruled that Maller, who represented himself at the trial, did not have standing to challenge the Zoning Administrator’s decision because he was not directly impacted by the decision. Judge Almand also ruled that even if Maller did have standing, he failed to satisfy his burden of proof to overcome the presumption of correctness accorded the Zoning Administrator.

Maller has 30 days to file an appeal to the Supreme Court of Virginia.

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