1950

Richmond v. Dervishian

Supreme Court of Virginia

190 Va. 398, 57 S.E.2d 120

City adopted resolution authorizing the condemnation of a city block for public parking to relieve congestion in the use of streets and reduce hazards incident to such use. Landowner filed request to enjoin City from instituting action under the resolution, alleging that taking was without due process and not for a public purpose. Trial court ruled that taking served a public use but city ordinance allowing condemnation was unconstitutional, and enjoined City. Supreme Court modified and affirmed. Regulating public parking was a public use. By implication, the city ordinance gave a landowner the right to contest the actions of the City in obtaining defeasible title by filing the petition and paying the necessary fund into court. However, City’s resolution did not describe the property to be acquired with reasonable clarity. Supreme Court held that ordinance did not violate due process, but City remained enjoined because of description errors in resolution. Judgment entered without prejudice for the City to adopt a correct resolution.

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