2001

Erichsen v. City of Norfolk

Virginia Circuit Court

54 Va. Cir. 392

City council adopted an ordinance closing a “paper’ street which was used at times for ingress and egress by local residents. The closure was at the request of a developer who could build more houses if the street was closed. Abutting landowners filed a declaratory judgment action, alleging closure was arbitrary and capricious, was solely to benefit a private interest, and deprived owners of the valuable property right of access without due process or just compensation. Court dismissed the action. A city had the authority to close a street within its boundaries. The closure must be for the public welfare and not a private interest. Unless there is clear and convincing proof that an ordinance was arbitrary and unreasonable, it must be upheld. It was in the public interest to create housing and increase the tax base. Landowners were not denied all access to their property. Closing a street was an abandonment of a public right, not a taking of private property for public purposes. There was no evidence of decreased property values.

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