The Orange County Board of Supervisors says the lawsuit seeking to block construction of a Walmart in a historic battlefield area is no more than a policy disagreement and should be dismissed. The lawsuit, filed Sept. 25, claims that supervisors disregarded concerns about the negative impacts the store would have on the battlefield and park, [...]
Entries Tagged as 'Zoning'
Battlefield preservationists lack standing, county says
October 14th, 2009 · Comments Off · Zoning
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Another loss for a ‘big box’ developer
September 1st, 2009 · Comments Off · Zoning
Developers who hoped to build a 184,000-square-foot Wal-Mart Supercenter in Abingdon did not have “vested rights” for the project even though the town planning commission may have approved by default a final site plan, under a ruling last week by Circuit Judge C. Randall Lowe. The decision means the developers – if they want to [...]
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Court rules against developer in “Big Box” case
February 27th, 2009 · Comments Off · Supreme Court of Virginia, Zoning
A developer who wanted to build an expected Wal-Mart store in Blacksburg will have to seek a special use permit, the Supreme Court of Virginia has ruled. The developer argued that his rights to construct a large retail building became vested when he made proffers to obtain rezoning approval, regardless of a later change in [...]
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Land use issues keep lawyers busy in Montgomery County
July 14th, 2008 · Comments Off · Real estate, Zoning
The latest lawsuit over development in Blacksburg concerns a proposed Sonic drive-in, according to the Roanoke Times. A company fighting to build a big-box retail store (think Wal-Mart) in the college town claims that local authorities rejected the Sonic as retribution for the company’s success in court. Blacksburg has a petition for appeal in the [...]
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Zoning board went too far, judge rules
July 1st, 2008 · Comments Off · Real estate, Zoning
Add Front Royal to the list of Virginia localities where the Board of Zoning Appeals was accused of being too generous. Warren County Circuit Judge Dennis L. Hupp this week nullified a variance that would have allowed a tall addition to the Afton Inn in Front Royal, as reported by the Northern Virginia Daily. At [...]
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County not bound by old deed restriction
May 29th, 2008 · Comments Off · Real estate, Zoning
Bedford County Attorney Carl Boggess opines that the county is free to develop recreational facilities on a plot of land deeded in 1832 “to erect a poorhouse and work house forever.” As reported by the Roanoke Times, Boggess concludes that the word “forever” simply gives complete title.
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Court will appoint lawyer for BZA
May 22nd, 2008 · Comments Off · Zoning
In the back-and-forth battle between the Staunton City Council and the city’s Board of Zoning Appeals, a circuit judge now is poised to appoint a lawyer to represent the BZA at the expense of the city, which sued the BZA in the first place. The News Leader is keeping track of the action, where the [...]
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No land use whistleblowers
April 18th, 2008 · Comments Off · Real estate, Zoning
The Supreme Court of Virginia says that disgruntled neighbors can’t use the courts to blow the whistle on land use violations. The case comes from Roanoke, and the Times has details.
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