2000
Patrick v. McHale
Virginia Circuit Court
54 Va. Cir. 67
Landowner applied to rezone 48.5 acre parcel from agricultural to residential. Board of Supervisors denied request and landowner filed declaratory judgment action. Court held Board’s denial was a legislative act, and was presumed to be reasonable. Landowner then had burden to show by clear and convincing evidence it was unreasonable. As both zoning choices were reasonable uses of the land, issue was fairly debatable and Board’s denial was sustained. Further, there was no denial of equal protection and no deprivation of all economic uses of the property.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index