2005

Capelle v. Orange County

Supreme Court of Virginia

269 Va. 60, 607 S.E.2d 103

One portion of a 139-acre lot was zoned limited residential use. A larger portion was zoned agricultural use. General Shale, LLC owned a brick plant near the larger portion and wanted a special use permit to perform mining activities on that portion. The special use permit application included an access road over the residential section to truck raw material from the mine to a public highway. Orange County Board of Supervisors approved the application. Residential landowners filed a declaratory judgment suit to enjoin the issuance of the special use permit, arguing that the Board’s action was arbitrary and capricious. Trial court found the evidence insufficient to prove both use of road was itself a mining activity, and that Board’s action was unreasonable. Supreme Court examined the County Code, and accessory uses in limited residential were only those incidental to permitted uses. As a mining operation was not a permitted use, then accessory use to mining operation also cannot be allowed in limited residential zoning. Judgment as to permitting access road reversed.

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