2007

Alexandria City Council v. Mirant Potomac River, LLC

Supreme Court of Virginia

273 Va. 448, 643 S.E.2d 203

Mirant was the owner and operator of a coal-fueled power plant in the City of Alexandria, where it had operated the plant since 1949. The plant was operating under special use permits issued in 1989. In 1992, the City enacted its current zoning ordinance and master plan. The plant was designated a noncomplying use, which exempted it from having to get a comprehensive special use permit to operate. By 2003, City became concerned the plant was a major polluter. City Council approved an amendment which changed the plant to a nonconforming use, revoked the two special use permits and required the plant to get a comprehensive special use permit or cease operations before the expiration of seven years. Mirant filed a complaint seeking to have the amendment invalidated and the City’s actions declared unlawful, arbitrary and capricious. Trial court granted relief and City appealed. Supreme Court affirmed. The Court concluded that pursuant to Va. Code § 15.2-2370, Mirant had been vested with a right to operate a power plant for over forty years. The 2004 amendment violated the statute as it impaired that vested right. The revocation of the special use permits was in error, as there was no connection between the purpose of the permits and any violation of law.

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