Hooked Group, LLC v. City of Chesapeake
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The Supreme Court affirmed the judgment of the trial court granting the demurrer filed by the City of Chesapeake and dismissing this declaratory judgment action brought by Landowner claiming that the closure of one of two roads from which Landowner accessed its property constituted a taking that entitled it to compensation, holding that where Landowner was not deprived of reasonable access to its property, the trial court did not err.
Previously, Landowner's property was accessible from two roads. In 2017, the City closed one road to all but emergency vehicles. Landowner sought a declaration that the City's elimination of direct access from the property from the closed road constituted a taking of its property without just compensation. The City filed a demurrer. The trial court sustained the demurrer, concluding that Landowner failed to plead that its property right of access was taken or damaged because access to the property still existed from the other road. The Supreme Court affirmed, holding that the trial court properly sustained the demurrer.
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