Berry v. Board of Supervisors of Fairfax County (Supreme Court)

The Supreme Court of Virginia voids a revamped zoning ordinance vote that was taken in the first year of the pandemic because the board voted on it in an electronic meeting, but neither FOIA, the county's continuity of government ordinance nor an amendment made to the 2020 budget allowed for votes to be taken in electronic meetings on matters that are not somehow time-sensitive.

"[T]he Board’s actions prevented the public from participating in the manner required by VFOIA, and thus, potentially limited public participation and input into the process."

 

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