2016

City of Chesapeake v. Dominion Securityplus Self Storage, L.L.C.

Supreme Court of Virginia

291 Va. 327, 785 S.E.2d 403

In granting a variance subdividing a six-acre parcel to allow a four and one-half acre lot to be used for a self-storage facility, the City of Chesapeake had a fifty foot right of way for a road expansion reserved to the City in a recorded plat, and the owners agreed not to have any future claim for damages to the improvements or residue. Dominion purchased the subdivided property and built self-storage units. Ten years later, the City sought to widen the road and erect a new bridge. The City, after attempting to purchase the reserved right of way, brought a condemnation proceeding. As a result of the project, Dominion lost visibility from, and access to, the roadway. A separate access road now led to the rear of the business. Dominion asserted it was no longer bound by the reservation in the plat because of an unlawful exaction of property without due process, and sought damages to the residue for loss of access, visibility and other causes. Trial court overruled the City’s objections to damages to the residue, and awarded Dominion $2,156,789.18 for the loss of access and visibility to the remainder, plus $44,141 for the reserved area plus an additional 2,168 square feet. Supreme Court reversed the entire award for the residue. The agreement in the plat is clear and unambiguous and is construed according to its plain meaning. The waiver of damages to the residue was effective. Dominion failed to establish that the area (2,168 square feet) outside of the reserved right of way had any effect on damage to the residue, and the Court awarded final judgment.

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