In considering whether developers obtained a vested right to a commercial use of their property under Code § 15.2-2307 as a result of proffers they made to obtain approval of a rezoning application, the Virginia Supreme Court concluded that the circuit court erred in affirming a board of zoning appeals’ ruling that the developers had acquired such a right and were therefore not required under a subsequent zoning ordinance amendment to obtain a special use permit for a proposed structure with more than 80,000 square feet of retail floor space. The Court found that the proffers did not prohibit enforcement of the subsequent zoning ordinance amendment under Code § 15.2-2298. The Court reinstated the determination of the zoning administrator that a special use permit is required for the proposed structure.
Hale v. Board of Zoning Appeals for the Town of Blacksburg, 2009 WL 485052 (Va. 2/27/2009).
The opinion can be accessed at: http://www.courts.state.va.us/opinions/opnscvwp/1081000.pdf
