1994

Kole v. City of Chesapeake

Supreme Court of Virginia

247 Va. 51, 439 S.E.2d 405

Landowner had two tracts, a 44.9 acre parcel, zoned single-family dwelling, and 7.5 acre, parcel zoned multi-unit retirement village. Landowner submitted a plan to develop 117 single-family residences, and City refused to act on the plan. On February 19, 1991 and on July 16, 1991, City Council voted to down zone all the property to a conservation zoning district. On September 13, 1991, Landowner filed suit alleging unlawful piecemeal downzoning, violation of vested rights, violation of due process and equal protection, and taking without just compensation. City filed a special plea of the statute of limitations because the landowner did not file the action within 30 days of July 16th, as required by a statute then in effect. Trial court denied hearing on special plea and dismissed case. Supreme Court reversed and remanded. City Charter allowed for a public referendum on a contested zoning issue. The statutory 30 days did not begin to run until the 30 day period to determine if a referendum was triggered had passed. The statutory 30 days began on August 16th, so the complaint was timely filed. The trial court erred in not conducting the requested evidentiary hearing.

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