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Granted Appeal Summary

Case

KATHLYN ROWLAND, ET AL. v. TOWN COUNCIL OF WARRENTON, ET AL. (Record Number 190580)

From

The Circuit Court of Fauquier County; J. Parker, Judge.

Counsel

Bradley G. Pollack for appellants.

Henry Cleaves Day (Attorney at Law), John H. Foote (Walsh, Colucci, Lubeley & Walsh, P.C.), Heather K. Bardot (Bancroft, McGavin, Horvath & Judkins, PC), and Whitson W. Robinson (Attorney at Law) for appellees.

Assignments of Error

1. The Circuit Court erred by sustaining the demurrers to Count IX of the Amended Complaint and Count V of the Second Amended Complaint.

a. Although Virginia Code \\xa7\\xa7 15.2-2297 and 15.2-2298 (and Warrenton Zoning Ordinance \\xa7 11-3.9.17.2) allow for proffered conditions \\u201cin addition to\\u201d the requirements of an applicable zoning district, the Circuit Court allowed the Town Council to accept proffered conditions that modified or reduced the requirements of the applicable zoning district.

b. The Circuit Court read the general definition in Virginia Code \\xa7 15.2-2201 to control the specific requirements for conditional rezoning set out in Virginia Code \\xa7\\xa7 15.2-2297 and 15.2-2298, in violation of settled rules of statutory interpretation.

3. The Circuit Court erred in sustaining the demurrers to Counts I and II of the Amended Complaint. Warrenton Ordinance \\xa7 3-5.2.4.3.5 allows the Town Council to accept waivers and modifications to the PUD Development Standards at Warrenton Ordinance \\xa7 3-5.2.4.1 only upon recommendation by the Planning Commission. Here, the waivers and modifications at issue were also never presented to the Planning Commission, so the Planning Commission could not have made a recommendation.

4. The Circuit Court erred in sustaining the demurrers to Count VIII of the Amended Complaint. A criterion provided in Warrenton Ordinance \\xa7 3-5.2.4.3.2 requires that the Master Plan show an industrial planned unit development as an integrated, cohesive entity. The Council approved a master plan that did not show this. The Court determined that the Homeowners had not demonstrated a direct impact from this violation. The Homeowners were not required to demonstrate such impact.

http://www.courts.state.va.us/courts/scv/appeals/190580.pdf

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