1928

Nusbaum v. Norfolk

Supreme Court of Virginia

151 Va. 801, 145 S.E. 257

City had ordinance with five foot setback line for buildings. Landowner had to erect building in compliance with ordinance. Subsequently, a neighbor erected a building on the same street but did not observe the five foot setback. After complaint by landowner, City repealed ordinance. Landowner filed for injunction, claiming a vested right in the building line and seeking to require neighbor to comply. City demurred, and trial court dismissed case. Supreme Court affirmed, holding that landowner had not been deprived of any property, as the setback line was rescinded, and the ordinance was a police regulation so he could acquire no vested interest therein. To hold otherwise would make the ordinance irrepealable.

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