2009

City of Roanoke Redevelopment & Hous. Auth. v. B&B Holdings, LLC

Virginia Circuit Court

79 Va. Cir. 495

Authority developed redevelopment plan to eliminate blighted area and redevelop the area for biotechnology uses. Landowner objected and alleged the City and Carilion Health System manipulated the Authority into using eminent domain to find blight, and arbitrarily and capriciously take the land for a biomedical center. Court held that landowner’s burden of proof in challenging Authority’s findings of fact was by clear and convincing evidence. The Authority had the responsibility to investigate whether an area proposed for redevelopment was blighted or deteriorated. The landowner did produce correspondence between the City and the Authority showing the City was trying to direct the conclusions the Authority would reach. Further, landowner’s property itself was not blighted. However, court found, pursuant to Va. Code § 36-49(A)(1), that the evidence showed the area was blighted. Court overruled objection as plan was not invalid, arbitrary or capricious.

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