1948

Blankenship v. Richmond

Supreme Court of Virginia

188 Va. 97, 49 S.E.2d 321

City adopted ordinance that changed zoning of neighborhood from C-Single Family Dwelling District to G-Local Business District. Affected landowners brought suit alleging that proper notice of public hearing on adoption of the ordinance was not given, that a member of City Council was in a position to gain financially because of the change, and that ordinance was adopted for his private gain. Trial court granted City’s demurrer. Supreme Court affirmed. Public notice was in fact published in a paper of general jurisdiction for an appropriate time period. Further, it would be inconsistent to hold that the initial adoption of a comprehensive zoning law was a legislative act, but its later amendment was quasi-judicial and subject to judicial review. The City was made the defendant, not the councilman, yet the City did not own the property nor intend to use it for any purpose.

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