1990

Tyco Assocs. v. Fairfax County

Virginia Circuit Court

22 Va. Cir. 291

Landowner’s lessee filed request to raze and remodel restaurant on landowner’s property. County approved request on condition that the landowner dedicate a service road to the County. Landowner executed deed transferring property to the County and later sought compensation from the County for the dedicated land. County refused and landowner filed suit alleging a violation of the Fifth Amendment and 42 U.S.C. § 1983. County asserted claim was barred by statute of limitations. Court held that action accrued when County formally adopted the requested special exception with the proffered condition. It was then that the landowner could have filed suit to challenge the validity of the proffered condition. As the action was not filed within the three year statute of limitations, the suit was dismissed.

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