2000

In re Martin v. Bd. of Supervisors

Virginia Circuit Court

57 Va. Cir. 546

Landowners bought 31 acres of farmland with the intent to subdivide it. The zoning of the County’s Comprehensive Plan only allowed dividing the property into three 10 acre plots. Landowners applied to rezone the property from agricultural to residential. Board denied the request. Landowners alleged that the denial was arbitrary and capricious and that they were denied the value of their property by the Board’s decision. Court dismissed the action. The property still retained the value the owners paid when the property was purchased. Further, a court reviewing a rezoning denial may not substitute its judgment for that of the legislative body unless it had clearly abused its power. There is a presumption of legislative validity that is overcome only if it is proved that the existing zoning classification was unreasonable and the rezoning classification was reasonable. If the question was fairly debatable, the Board’s decision must be sustained.

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