1927

Wood v. Richmond

Supreme Court of Virginia

148 Va. 400, 138 S.E. 560

Landowner built gas station on corner lot, and obtained permit from City to construct an access driveway across the sidewalk of both streets. Two months later, City told him to remove one driveway as the street was too heavily traveled, and it violated a zoning ordinance. Landowner filed for an injunction alleging that the ordinance was in violation of the Constitution of Virginia and the United States Constitution, and that the driveway was not in violation of the ordinance. City responded that continued use of the driveway was a serious menace to the safety of the traveling public. Trial court denied injunction and dismissed complaint. Supreme Court affirmed. Landowner asserted that as an abutter to the street, he had an inherent and absolute right to access his lot from the street. Court held that while an abutter has an easement in the public road which amounts to a property right, that right is subordinate to the right of the municipality, derived from legislative authority, to control the use of the streets to promote the safety and general welfare of the public. Whatever restraints were imposed on the use of property within the reason and principle of the police power, the owner must submit and was without remedy for the loss. It was not a taking, but a regulatory exercise of police power.

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