1937

West Bros. Brick Co. v. Alexandria

Supreme Court of Virginia

169 Va. 271, 192 S.E. 881

Brick Company wanted to mine clay on its property in the City of Alexandria. City refused to permit that undertaking. Brick Company filed for an injunction which was denied. Supreme Court affirmed. City brought 18 acre tract of Brick Company into city limits January 1, 1930. In July 1931, City adopted comprehensive plan which made almost all of the 18 acres residential. Brick Company requested City Council to change zoning to industrial, which was denied. Where police power conflicts with the Constitution, the latter is supreme. However, courts will not restrain the exercise of such power except where the conflict is clear and plain. Zoning ordinances are a proper exercise of police power, and as long as they are not arbitrary or unreasonable, the ordinances must be sustained if their reasonableness is debatable. Mining was not a nonconforming use already in effect, as it had never begun. The property was not taken, but was damaged, and damage incidental to the lawful exercise of police power was not the damage contemplated by constitutional protections. This was an appropriate use of police power to promote the general welfare.

Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index