Posted by: Patricia Salkin | March 2, 2017

VA Supreme Court Upholds Dismissal of Appeal to Review BZA Decision Where Petitioners Failed to Name the Local Governing Body in the Petition

To initiate a proceeding under Code § 15.2-2314 to review a board of zoning appeals decision, a petitioner must name the necessary parties in the caption of the petition or in the body of the petition, and the petitioner must serve a proper petition within the 30-day window provided by that statute. The governing body for the locality served by the BZA is a necessary party under Code § 15.2-2314, and a litigant may not amend the petition after the 30-day period to belatedly add the necessary parties identified in Code § 15.2-2314. In this case, the judgment of the circuit court, which dismissed a petition for writ of certiorari for failure to name the local governing body in the petition and denied the petitioner leave to amend after the 30-day period had expired, is affirmed.

Boasso America Corporation v. Zoning Administrator of the City of Chesapeake Bay, 2017 WL 829688 (VA 3/2/2017)

 


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