1992

Rinker v. City of Fairfax

Virginia Circuit Court

28 Va. Cir. 61

Landowners wanted to develop property that was zoned commercial limited office use. They wanted the property rezoned to general commercial use. After their application was denied, they added eight proffers to the request, but made it clear that if City implemented a new comprehensive zoning plan, all proffers were removed. City instituted new zoning plan and the approved landowners’ application but attached six of the proffers. Court held that the City imposed illegal conditions as part of the rezoning. Court refused their request to return the zoning to the earlier form without conditions. Court further found that the actions of the City did not deny equal protection or violate 42 U.S.C. § 1983. Court held that the City had a legitimate state interest in regulating the development of property in the area, and the City would not be directed to grant such waivers, variances and exceptions to allow the landowners to develop the property as they wished.

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