1993

VACOM, Inc. v. Fairfax County Bd. of Supervisors

Virginia Circuit Court

33 Va. Cir. 39

VACOM purchased property and applied for approval of a site plan to begin developing the land. County denied a total of six offered site plans. VACOM filed suit alleging an unconstitutional taking without just compensation and a denial of due process in violation of 42 U.S.C. § 1983. Court dismissed the § 1983 claim as premature, as there had been no showing a taking had occurred without just compensation. No constitutional violation happens until just compensation is denied. An owner cannot claim a violation of the just compensation clause until they have used the state procedure to obtain just compensation and have been denied that award. Further, the offered site plans had so many deficiencies that the denial was properly justified and not a taking without just compensation or due process.

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