1966
Rudee Inlet Auth. v. Bastian
Supreme Court of Virginia
207 Va. 407, 149 S.E.2d 882
Authority sought to acquire area in the central business district for redevelopment. Authority could only redevelop this area if blighted or deteriorated. Landowners brought declaratory judgment action to declare that area was not blighted or deteriorated. Trial court dismissed action. Landowners had heavy burden of proof as presumption is in favor of the validity of exercise of municipal power. Landowners failed to show that the Authority’s finding of blight was arbitrary or unwarranted. Supreme Court affirmed. Trial court was also correct in holding statute not unconstitutional and City’s plan of redevelopment was properly enacted.
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.
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