The Town Council for the Town of Herndon and residents Richard Downer and Steven Mitchell filed in Fairfax County Circuit Court to appeal the Jan. 24, 2019 decision of the Board of Zoning Appeals of the Town of Herndon.

During the Jan. 24 proceedings, the BZA reversed the Zoning Administrator’s decision that concert events were an Indoor Entertainment use and not a permitted use on property owned and occupied by Christopher William Devin, 759 Center Street, Herndon.

The Town of Herndon requested reversal of the decision by the Town of Herndon Board of Zoning Appeals and allowance of the Zoning Administrator’s decision to stand. Downer and Mitchell's attorney, Michael L. O'Reilly, said "I was asked by two extremely knowledgeable lifetime Herndon residents (taxpayers) to file an appeal of the BZA decision which essentially allowed a home based business without any of the required approvals. Their concern deals not only with the disruption such a business can cause to a neighborhood but also with the health and safety of all participants. This particular use could well be approved in certain zoning districts, but the proper procedure is to create an ‘allowed use’ through public hearings at the Planning Commission and Town Council. Then all Herndon residents will have a chance to voice their opinions."

Devine said, “I’m disappointed but not surprised that there has been no attempt by the Town of Herndon to confer with me as an affected party in an effort to resolve this issue without court action… Litigation is expensive for everyone; this process will certainly be costly to me and the other taxpayers of the town.”

Anne Curtis, Chief Communications Officer at Town of Herndon, said, "The town has no comment on pending litigation.” Court dates for the appeals are pending.