2006

Renkey v. County Bd.

Supreme Court of Virginia

272 Va. 369, 634 S.E.2d 352

Church sought to build a sanctuary, offices and 116 residential units, but would have to get the property re-zoned to a commercial redevelopment district and secure approval for a special exception site plan for the residential units. County Board approved applications. Renkey, who resided near the subject property, filed for declaratory judgment and injunctive relief, alleging that the zoning ordinance had been violated by the County, in that a portion of the property had a zoning classification that was not eligible to become a commercial redevelopment district. Trial court found for County, stating that the first paragraph of the ordinance was a preamble and only functioned as a guide to legislative intent. Supreme Court reversed and remanded. The language was an operative, essential and binding part of the ordinance. When the County re-zoned a portion of the property without complying with the eligibility requirement of its own ordinance, the action was arbitrary and capricious.

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