1997

Helmick v. Town of Warrenton

Supreme Court of Virginia

254 Va. 225, 492 S.E.2d 113

The Helmicks bought Section 2 of Copper Mill subdivision at foreclosure. They sought to vacate the subdivision plat (being multi-family residential) to develop the property as an apartment complex for the elderly. Town declined to vacate the subdivision plat. Helmicks filed a complaint alleging that the actions of the town were unreasonable, unwarranted, discriminatory, arbitrary, capricious and constituted both a permanent and temporary taking of their land without just compensation in violation of Article 1, § 11 of the Constitution of Virginia. Trial court sustained Town’s demurrer, holding that refusing to vacate the subdivision plat was a legislative act left to the discretion of the governing body. The Helmicks’ allegations did not overcome the presumption of reasonableness attached to a legislative act, and failed to allege they had been denied all economic use of their property. Supreme Court affirmed. Consenting to the vacation of a subdivision plat is an exercise of the police power delegated to a local governing body. The Town’s ordinance was not unconstitutionally overbroad and there was no deprivation of all economic uses of the land. The zoning still allowed the construction of townhouses on the land.

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