1995

Hennage Creative Printers, Inc. v. City of Alexandria

Virginia Circuit Court

37 Va. Cir. 63

Printers acquired property in 1981 when industrial zoning was in effect. Zoning was later changed by City’s master plan to commercial residential mixed use, which restricted both building height and floor to area ratio. Printers’ use could continue indefinitely as a non-conforming use. Printers filed a bill of complaint alleging that zoning was an unconstitutional taking of private property without just compensation, that the zoning was impermissibly vague, arbitrary and capricious, and violated § 42 U.S.C. 1983. The court held that there had been no taking in violation of the federal and state constitutions. Although the property had diminished in value, such diminishment alone was not enough. Printers retained the parcel for its current uses, and also retained a potential sale for development. The City’s plan was not piecemeal and did not single out Printers. City’s plan was within the authority granted by the legislature.

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