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in I'uiuciiuing mai nc the population standard, Lerner noted that the Virginia population within the 15-mile radius of the property proposed as the Windmill Shopping Center was 149,460 in 1970 and 175.000 in 1975 while the comprehensive plan set "minimum population to support" at 100.000 to 200.000 within a radius of five to 15 miles.
The Loudoun Board of Supervisors contended, however, that use of all the Virginia population within a 15-mile radius didn’t satisfy the minimum standard set by the plan.
Instead, the board interpreted the term "minimum population to support" as meaning only those persons residing in a 15-mile radius who will actually support the center and form its "shopping base." With this meaning, the supervisors asserted, Lerner's "own figures establish a population to support the center well below the requirements of the plan."
Entitled To Interpret
Virginia’s Supreme Court held that “the Board, acting within its discretion, was entitled to interpret the term in the manner it thought would best implement the Comprehensive Plan. . .While the minimum standards of the Comprehensive Plan may be only guidelines and not requirements to be applied inflexibly by the Board, it is still a matter within the Board's discretion to decide whether to adhere to those standards or to follow some other reasonable approach in determining whether to grant or to deny the rezoning application.”
Rappahannock commonwealth's attorney Douglas K. Baumgardner described the Supreme
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