The County's actions illustrate the classic example of how a bureaucracy closes ranks in support of a bad decision and uses taxpayer resources to support its position. As stated above in the section titled "The Facts," the permitted use is clear and nowhere does the Zoning Ordinance limit use by duration. In fact the Virginia Supreme Court in its 2007 decision of SCOTT v. WALKER overturned a lower court decision that allowed a Home Owners Association (HOA) to set time limits on permitted use. The Court even addressed the lawfulness of ordinances that yield absurd situations. For example a homeowner who travels away from home twice in one month can be cited for transient occupancy in one's own home. Airline pilots and other such professionals beware.
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