2006

Bd. of Supervisors v. Greengael, L.L.C.

Supreme Court of Virginia

271 Va. 266, 626 S.E.2d 357

In 1999, prior owner purchased 96 acres of land zoned R-4, high density, multi-family residential. Culpeper County Board of Supervisors amended its comprehensive plan the next year, designating the acreage as industrial use. Greengael purchased property in 2002, planning a mixed-residential development. It needed to obtain water and sewer service from a municipality or public service corporation duly authorized by the Commonwealth. Greengael was unable to secure water and sewer from either the County or town of Culpepper, and its application for subdivision was denied. The County Board then rezoned the property to light industrial. Greengael appealed the rezoning and denial of the subdivision. Trial court found for Greengael on both grounds, holding that Greengael had vested rights to develop the property under the residential zoning. On appeal by the Board, Supreme Court held that the actions of the Board were not arbitrary or capricious, as the required water and sewer service commitment was not available, and the Board did not violate any zoning ordinance or statute when denying the application. The trial court erred in concluding that Greengael had a vested right to develop the proposed subdivision, and even if that right existed, the Board was not precluded from rezoning the property. There was no significant affirmative government act, as required by Va. Code § 15.2-2307, upon which Greengael could rely to create a vested right in the specific use of the property. Further, there was no piecemeal downzoning of the property to light industrial.

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