Justia Zoning, Planning & Land Use Opinion Summaries

The case revolves around a dispute between the Board of Supervisors of Fairfax County and Rita M. Leach-Lewis, trustee of the Rita M. Leach-Lewis Trust, which owns several homes in Fairfax County. These homes are used by members of the New World Church of the Christ, including Leach-Lewis, for activities such as handling correspondence, preparing spiritual teachings, and storing files and boxes. The homes are located in a residential-conservation zone, which prohibits office uses. After a zoning official conducted a search of the residences, a notice of violation of the zoning ordinance was issued, stating that the homes were being used as an "office."The notice of violation was appealed to the Board of Zoning Appeals (BZA), which upheld the zoning administrator's decision. Leach-Lewis then filed a petition for a writ of certiorari challenging the BZA's decision, arguing that the residences were not being used as an "office" and that the notice of violation was based on an improper search under the Fourth Amendment. The circuit court upheld the BZA's decision, and Leach-Lewis appealed to the Court of Appeals of Virginia.The Court of Appeals reversed the circuit court's decision, holding that the BZA had a duty to interpret and apply a provision of the zoning ordinance that states that no part of the ordinance may be construed to authorize an unconstitutional inspection or search. The Court of Appeals remanded the case to the BZA to determine whether the zoning ordinance was violated by the search of the church's property.The Supreme Court of Virginia disagreed with the Court of Appeals' decision. It held that the BZA was not required to examine the constitutionality of the search underlying the notice of violation. The court also concluded that the residences were being used as an "office" as defined in the zoning ordinance. Therefore, the court reversed the judgment of the Court of Appeals and entered final judgment in favor of the Board of Supervisors of Fairfax County. View "Board of Supervisors v. Leach-Lewis" on Justia Law

The Supreme Court reversed the judgment of the circuit court dismissing Residents' claims against the Board of Supervisors of Fairfax County, holding that the circuit court erred in dismissing Residents' complaint.Residents brought this action seeking declaratory relief and to enjoin the Board from adopting an updated zoning ordinance via electronic meeting. In the alternatively, if the Board adopted the ordinance via an electronic meeting, Residents sought a declaration that any action by the Board or approval concerning the ordinance was void ab initio. The circuit court denied relief, finding, among other things, that Residents' claims were moot and that the Board had the authority to adopt the ordinance in an electronic meeting. The Supreme Court reversed, holding (1) the circuit court erred in concluding that the Board's adoption of the ordinance mooted Residents' declaratory judgment claim; (2) the circuit court erred in dismissing Residents' complaint as premature; and (3) the Board adopted the ordinance in a manner that violated the open meeting provisions of the Virginia Freedom of Information Act, Va. Code 2.2-3700 et seq. View "Berry v. Bd. of Supervisors" on Justia Law

The Supreme Court reversed the judgment of the circuit court dismissing this case brought by several homeowners against the Board of Supervisors of Hanover County, holding that the circuit court erred.Plaintiffs brought this complaint argument that the Board violated Virginia law by approving rezoning and special-exception requests authorizing the nearby construction of a large distribution and warehousing facility. The Supreme Court granted Defendants' demurrers on the grounds that Plaintiffs did not have standing to assert their claims and that some of the claims were speculative and not ripe for adjudication. The Supreme Court reversed, holding that the circuit court (1) erred in finding that Plaintiffs' pleadings did not allege a sufficient factual basis for standing; and (2) erred when it dismissed three claims on the alternative ground that those counts asserted speculative claims not ripe for adjudication. View "Morgan v. Board of Supervisors" on Justia Law

Southwest Virginia Wildlife Center of Roanoke (SVWC) provides medical and rehabilitative care to 2,000 animals each year. SVWC is located at the end of a shared private easement that is approximately 476 feet long; the other properties that can only be accessed by the easement’s unpaved, single-lane dirt driveway, across their lawns. The easement is not maintained by any governmental entity. SVWC sought a special use permit to build a large “raptor building.” The Zoning Administrator determined that existing “accessory structures” on SVWC's property were either improperly granted zoning permits or had not been granted permits. The Board of Supervisors granted the special use permit, which retroactively authorized the accessory structures and the construction of the raptor building, subject to conditions requiring buffering and materials. Neighboring owners challenged the approval, arguing that traffic on the easement has increased “20- to 50-fold” since, SVWC began operating in 2014, causing “congestion, noise, dust, and light pollution” and posing a danger to their children.The trial court dismissed their complaint, citing lack of standing. The Virginia Supreme Court reversed. The dust, noise, and light pollution allegedly caused by the traffic on the easement constitute particularized harm to the plaintiffs. The complaint sufficiently alleged that the construction of the raptor building and the corresponding expansion of SVWC’s services would cause more traffic and supports a reasonable inference that the decision to retroactively approve the accessory structures would lead to traffic on the easement. View "Seymour v. Roanoke County Board of Supervisors" on Justia Law

The Supreme Court affirmed the judgment of the circuit court finding in favor of the owner of rezoned property who claimed that the triggering of a conditional proffer operated as an unconstitutional condition, holding that the trial court did not err in ultimately reversing the zoning violation.The Board of Supervisors of Albemarle County approved a rezoning for property subject to voluntary proffers. A conditional proffer called the transit proffer continuously applied since the original rezoning. The county approved the establishment of a commuter route to run from Albemarle County to downtown Charlottesville and concluded that a substantial portion of the funding for the route could come from the transit proffer funds. The county approved the appropriation of funds to establish the commuter route. When the property owner failed to make payments required by the transit proffer the county concluded that the owner was in violation of the county's zoning ordinance. The circuit court granted judgment in favor of the owner. The Supreme Court affirmed, holding that the trial court did not err in denying the county's demurrer and motion to strike and did not err in reversing the zoning violation. View "Board of Supervisors v. Route 29, LLC" on Justia Law

The Supreme Court reversed the judgment of the circuit court that Neighbors lacked standing to challenge the judgment of Fairfax County's Zoning Administrator and Board of Zoning Appeals concluding that NewPort Academy, which sought to open a residential treatment center for teenage girls, was a "by right" use, holding that Neighbors had standing.Neighbors, who either owned houses or lived in houses next to the proposed treatment center, argued that the proposed facility was not a "by right" use in the zoning district, thus requiring a special exception permit to operate in a residential zone. The circuit court concluded that Neighbors lacked standing to challenge the Board's decision and dismissed the case on that basis. The Supreme Court reversed, holding that the allegations made by Neighbors were sufficient to establish that they had standing. View "Anders Larsen Trust v. Board of Supervisors of Fairfax County" on Justia Law

The Supreme Court affirmed the judgment of the circuit court ruling that Plaintiff had not articulated a legally viable cause of action and denied any requests made for injunctive relief, holding that there was no reversible error in the judgment.Plaintiff brought this complaint seeking declaratory and injunctive relief concerning Governor Ralph S. Northam's order to the Department of General Services to remove the Robert E. Lee Monument in Richmond, Virginia from Commonwealth property. The circuit court dismissed the claims, holding that Plaintiff failed to state a claim that he possessed the legal right to prohibit the Commonwealth from moving the monument. The Supreme Court affirmed, holding that the circuit court did not err in dismissing Plaintiff's claim with prejudice. View "Gregory v. Northam" on Justia Law

The Supreme Court affirmed the judgment of the circuit court concluding that Governor Ralph S. Northam's order to remove the Robert E. Lee Monument in Richmond, Virginia from property owned by the Commonwealth was not improper or unlawful, holding that Plaintiffs' claims were without merit.At issue in this case was whether language in an 1890 deed, signed by the then Governor of Virginia, and an 1889 joint resolution of the General Assembly requesting and authorizing the Governor to sign the deed, prohibited Governor Northam from ordering the removal of the state-owned Lee Monument from state-owned property. The circuit court found that the language in the deed created restrictive covenants but that those restrictive covenants were unenforceable and that the Governor's actions seeking to remove the Lee Monument did not contradict public policy or violate the Virginia Constitution. The Supreme Court affirmed, holding the the circuit court did not err. View "Taylor v. Northam" on Justia Law

The Supreme Court affirmed the judgment of the circuit court dismissing Appellants' challenges to certain amendments to the Fairfax County Zoning Ordinance and the imposition of a Transient Occupancy Tax, holding that the circuit court did not err.Appellants owned or possessed homes within Fairfax County. In 2018, the Board of Supervisors of Fairfax County amended the Zoning Ordinance (the STL Amendment) redefining a dwelling and adding definitions for "transient occupancy" and "short-term lodging." The Board also amended the County Code to impose a transient occupancy tax of two percent of the cost of the short-term lodging (the TOT Amendment). Appellants brought a declaratory judgment action challenging the validity of the STL Amendment and the TOT Amendment. The trial court dismissed Appellants' claims with prejudice. The Supreme Court affirmed, holding that the trial court did not err in dismissing Appellants' challenges to the amendments. View "Norton v. Board of Supervisors of Fairfax County" on Justia Law

The Supreme Court affirmed the judgment of the circuit court determining that the Historic Alexandria Foundation lacked standing to pursue the claims asserted in this case, holding that there was no error in the circuit court's judgment.Vowell, LLC filed applications to obtain certain permits for the renovation of property located in the Old and Historic District of the City of Alexandria. The Old and Historic Alexandria District Board of Architectural Review (the BAR) approved Vowell's applications, and the City Council affirmed the BAR's decision. The Foundation appealed the City's Council decision. The circuit court dismissed the matter with prejudice, concluding that the petition did not establish that the Foundation was an aggrieved party with standing to pursue the appeal. The Supreme Court affirmed, holding that the Foundation lacked standing because the allegations of the petition failed to establish that the Foundation suffered particularized harm that differed from that suffered by the public in general. View "Historic Alexandria Foundation v. City of Alexandria" on Justia Law