1956

Bristol Redevelopment & Hous. Auth. v. Denton

Supreme Court of Virginia

198 Va. 171,93 S.E. 288

Landowners filed action against Authority and City to enjoin defendants from taking their property as part of the acquisition of all land and buildings in the Sullins Street Redevelopment Project, pursuant to the Virginia Housing Authorities Law, Va. Code §§ 36-1 to 36-55, arguing that the affected area was not blighted. Defendants responded that area was blighted, a portion was a slum, and it was necessary to acquire the whole area to eliminate the detrimental conditions. Trial court heard evidence and granted the injunction against the defendants. Trial court found that area was not blighted, City Council had exceeded its authority in determining area was a slum or blighted, and that primary purpose of redevelopment was for commercial uses. Supreme Court affirmed. Actions of Council and findings of Authority were subject to judicial review. To qualify as blighted, an area must be detrimental to the safety, health and morals or welfare of the community. The condition of the area as a whole, and not just isolated structures, is the determining factor in deciding if the area is qualified for redevelopment. Trial court was correct in finding that the majority of structures were sound, safe and well kept. Further, statute which allows taking unblighted property, Va. Code § 36-49, still required that a majority of the area be blighted or deteriorated, which was not true in this case.

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