James Rohr, who lives on Route 600 less than half a mile from the 39-acre Cross Creek Shopping Center site, filed a lawsuit against the board of supervisors and developer Cross Creek Investments, hoping to stop the project.

Last November, the previous board voted 3 to 2 to give the Cross Creek developer a special-exception permit for a 250,000-square-foot shopping center, including a Costco.

Rohr’s lawyer, Charles K. Moss of Leesburg, contends the board failed to adequately advertise the project and violated the county comprehensive plan and zoning ordinance in granting the permit.

But Circuit Court Judge Jeff Parker rejected these arguments, ruling on Thursday, April 24, that Fauquier's board acted properly in approving Cross Creek Investments LLC's project at U.S. 29 and Route 600.