A lawsuit filed by former Falls Church City Council member Daniel Maller against the Falls Church City Council, two citizens and an LLC is due to come to trial tomorrow, July 14, in the Arlington Circuit Court. The suit challenges the decision of the F.C. Board of Zoning Appeals allowing a grading plan and building permit for the construction of a home at 1005 Lincoln Avenue.

The owners of the property, Arthur and Dana McArthur and their LLC are the other defendants in the suit. Maller contends that the City’s zoning ordinance was not enforced in the case. Maller contends that after the McArthurs demolished a home on the site built in 1948, they submitted a grading plan for a single family home to be constructed showing a side setback of less than the 10 feet required by the City charter. Maller contends the plan violated the law limiting “impervious building coverage” to 35 percent of lot area.