Supreme Court of Virginia Reverses Circuit Court Decision for City of Richmond; Cases Remanded For Further Proceedings

130801 Lamar Co. v. City of Richmond 04/17/2014 In reviewing a challenge to the denial of a zoning variance by a board of zoning appeals, the circuit court incorrectly applied the “fairly debatable” standard of review. That standard is applicable when a governing body acts in a legislative capacity, such as when it adopts a zoning ordinance or grants a special use permit. When considering the decision of a board of zoning appeals to deny a request for a variance, the proper standard of review to apply is that articulated in Code § 15.2-2314 and the city charter. The judgment is reversed and the case is remanded for application of the correct standard.

131235 Lamar Co. v. City of Richmond 04/17/2014 In consolidated proceedings arising from a declaratory judgment action brought by landowners and a billboard advertising company challenging a city’s enforcement proceedings to require removal of a billboard or reduction in its height to a conforming level under applicable ordinances, the circuit court erred in holding that the 15-year non-conforming use provision of Code § 15.2-2307 is “merely enabling” legislation and in granting the defendant city’s demurrer on that basis. The judgment is reversed and the case is remanded for further proceedings consistent with this opinion. Combined case with Record No. 131249

131249 Shaia v. City of Richmond 04/17/2014 In consolidated proceedings arising from a declaratory judgment action brought by landowners and a billboard advertising company challenging a city’s enforcement proceedings to require removal of a billboard or reduction in its height to a conforming level under applicable ordinances, the circuit court erred in holding that the 15-year non-conforming use provision of Code § 15.2-2307 is “merely enabling” legislation and in granting the defendant city’s demurrer on that basis. The judgment is reversed and the case is remanded for further proceedings consistent with this opinion. Combined case with Record No. 131235
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