1990

City of Virginia Beach v. Virginia Land Inv. Ass’n No. 1

Supreme Court of Virginia

239 Va. 412, 389 S.E.2d 312

Association purchased 403 acres in 1973, which was zoned planned unit development by the City. This permitted single and multi-family residential uses. In 1986, City downzoned Association’s parcel to an agricultural district, but did not change other nearby properties. Association filed suit and the trial court invalidated the ordinance as improper piecemeal zoning. Supreme Court affirmed. The exercise of local government’s police power was presumed to be valid as long as it was not unreasonable and arbitrary. If the reasonableness was fairly debatable, the ordinance must be sustained. However, if a landowner showed that since the adoption of the prior ordinance, there was no change in circumstances substantially affecting public health, safety and welfare, the burden shifted to the governing body. If that body could not provide evidence to show that reasonableness was fairly debatable, the ordinance was void. The piecemeal zoning in this case was not justified by changed circumstances or any mistake.

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