1981

Board of Sup’rs of Henrico County v. Fralin and Waldron. Inc.

Supreme Court of Virginia

222 Va. 218, 278 S.E.2d 859

In 1978 Corporation filed plan of development with County for 197 unit apartment complex, permitted under the existing zoning. County did not timely act on the plan, downzoned the property to a classification that would not allow the project, and then denied the submitted plan. Corporation filed for declaratory judgment alleging the rezoning was arbitrary, capricious, and unlawful piecemeal downzoning. The trial court ruled the rezoning was void and approved the development plan, and Supreme Court affirmed. County asserted the original zoning was a mistake or there had been a subsequent change of circumstances affecting public health, safety or welfare. The evidence failed to make fairly debatable that the downzoning was to correct a previous mistake, or there had been a change which substantially affected the character of the neighborhood as to public health, safety or welfare.

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