1973
Board of Sup’rs of Fairfax County v. DeGroff Enterprises, Inc.
Supreme Court of Virginia
214 Va. 235, 198 S.E.2d 600
In 1971, County adopted a zoning ordinance that required any site plan for developing fifty or more dwelling units to build 15% of the units as low or moderate income housing. DeGroff brought action and trial court found the ordinance to be arbitrary and capricious. Supreme Court held the ordinance violated Article I, § 11 of the Constitution of Virginia. The developer would have to rent or sell to low or moderate income individuals at prices not fixed by a free market. This would take or damage developer’s property for a public purpose without just compensation.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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