2009

Owens v. City of Norfolk

Virginia Circuit Court

78 Va. Cir. 436

Landowner had residence in district that had a 35 foot maximum height requirement for structures. City Council granted a nearby church a certificate of appropriateness to construct an addition of 53 feet. Landowner filed for declaratory judgment and injunctive relief, alleging among other grounds that such variance was illegal, and denied her equal protection and due process. Trial court granted a preliminary injunction, but ultimately found for the City and dismissed the action. Land use regulation tried to strike a proper balance between private property rights and the public interest. The landowner only established a de minimus effect on her property from the proposed construction. There was no expert testimony that the new addition would diminish her property’s value. Any effect was one that was shared generally by the local population of property owners.

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