2014

EMAC, L.L.C. v. County of Hanover

Virginia Circuit Court

89 Va. Cir. 292

County denied landowner’s application for extension of its conditional use permit for a destination commerce sign on its property. Landowner filed amended complaint that this denial was arbitrary and capricious, a violation of due process and equal protection, and a taking without just compensation. The County demurred and the court dismissed the case. When asserting the denial of a conditional use permit was unreasonable, the landowner must show not only was the requested use reasonable, but also show the existing zoning ordinance as applied to its land was unreasonable. Landowner failed to allege the unreasonableness of the existing ordinance.

Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index