Bd. of Supervisors of Fairfax Cnty. v. Cohn, 821 S.E.2d 693

Owners Douglas and Kathryn Cohn own an R-1 lot in Fairfax County with a main house (1962), a detached garage (1963) and a garden house (1972).
County inspectors determined the garage and garden house had been converted to dwellings (added kitchens/baths), creating three separate dwelling units, and issued a Notice of Violation requiring removal of kitchen components and cessation of extra dwelling uses.
The Cohns appealed to the BZA; the Zoning Administrator’s staff report showed original building permits expressly permitted a garage and a ‘‘greenhouse’’ and stated no kitchens/bathrooms were approved for those structures.
The Cohns argued Code § 15.2-2307(D)(ii) protected their use because taxes had been paid on the property (and its improvements) for more than 15 years; the County pointed out no occupancy/building permit ever authorized use of the outbuildings as separate dwellings.
The circuit court reversed the BZA, holding § 15.2-2307(D)(ii) barred declaring the structures illegal after 15 years of taxation; the Board appealed to the Supreme Court of Virginia.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Code § 15.2-2307(D)(ii) vests a right to an originally illegal use when taxes were paid for >15 years	Cohns: § 15.2-2307(D)(ii) protects the buildings and their uses (including dwelling use) because taxes on the property/improvements were paid for >15 years	Board: § 15.2-2307(D)(ii) protects only the physical building/structure from being declared illegal or removed, not an unlawful use; no permits authorized dwelling use	Court reversed circuit court: § 15.2-2307(D)(ii) protects only the edifices themselves, not their uses, so County may require cessation of the illegal dwelling uses

Conyers v. Martial Arts World of Richmond, Inc., 273 Va. 96 (statutory interpretation reviewed de novo)
Cuccinelli v. Rector & Visitors of the Univ. of Va., 283 Va. 420 (interpretation guided by plain meaning and legislative intent)
Hale v. Board of Zoning Appeals, 277 Va. 250 (vested rights from significant affirmative governmental acts must be clear)
Hardy v. Board of Zoning Appeals, 257 Va. 232 (nonconforming use cannot be established by an illegal use)
Board of Supervisors of Fairfax County v. Board of Zoning Appeals, 271 Va. 336 (landowner may continue existing lawful use despite zoning changes)
Lamar Co., LLC v. City of Richmond, 287 Va. 348 (§ 15.2-2307(D) forbids declaring a building illegal after 15 years of taxation)
Davis v. MKR Dev., LLC, 295 Va. 488 (statutory construction avoids rendering statutory language superfluous)