VA Supreme Court Holds Local Governing Body was Required to be Named as a Necessary Party in the Petition to Challenge A Zoning Decision Within 30 Days of the Final Decision

After receiving an adverse decision by the Zoning Administrator for the City of Chesapeake, Boasso America Corporation appealed to the Board of Zoning Appeals. The Board of Zoning Appeals had a split vote, which resulted in affirmance of the Zoning Administrator’s decision. The Board of Zoning Appeals made its decision on April 23, 2015.  Boasso next sought to appeal the decision of the Board of Zoning Appeals by filing a petition for writ of certiorari, which it did on May 21, 2015, in the Circuit Court for the City of Chesapeake.

The court found that current case law was consistent with the understanding that that a litigant who appeals the judgment of a board of zoning appeals under Code § 15.2-2314 must identify the governing body as a necessary party in the petition, and must do so within 30 days of the board of zoning appeals’ final decision. Failure to comply with this provision would result in the circuit court lacking the discretion to permit amendment of the petition to add the governing body once the 30 days had passed. Additionally, the court found that if under these circumstances the circuit court was asked to dismiss the case for lack of a necessary party, the court must grant the motion. Accordingly, the court affirmed the judgment of the circuit court.

Boasso America Corporation v. Zoning Administrator of City of Chesapeake, 2017 WL 829688 (2017)