2004

Schilling v. Jimenez

Supreme Court of Virginia

268 Va. 202, 597 S.E.2d 206

Owner of 15.215 acres was not able to subdivide into three acre lots because of insufficient road frontage. Loudoun County enacted an ordinance that would allow subdividing to members of a landowner’s family, but they must not transfer new lots for a minimum of one year. Landowner, her mother and sister, recorded affidavits declaring the subdividing was not for short term investment or resale outside the family. Shortly after one year, mother and sister sold lots to developer. Neighbors sued, alleging affidavits were false, and houses on the lots would decrease their property values, increase traffic and diminish their privacy. The trial court sustained defendants’ demurrers, and dismissed the complaint. Supreme Court held that Va. Code § 15.2-2255 empowers local governing body to resort to authorized agents to enforce its subdivision ordinances and does not create a third-party cause of action. Dismissals were affirmed.

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