2006

Cherrystone Inlet, LLC v. Bd. of Zoning Appeals

Supreme Court of Virginia

271 Va. 670, 628 S.E.2d 324

Cherrystone acquired five lots in 2004, knowing them to be unbuildable due to overlapping setback lines from a public highway and the waters of Chesapeake Bay. Cherrystone applied for a variance to build on the lots, which was denied by zoning administrator and later the Northampton County Zoning Board. Trial court held that Cherrystone failed to rebut Board’s presumption of correctness, and upheld Board’s decision. Supreme Court affirmed. Cherrystone failed to show lots were of record in 1988 when Chesapeake Bay Preservation Act became effective, and also failed to show that the zoning ordinance would interfere with all reasonable beneficial uses of the property.

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