Board of Supervisors v. Route 29, LLC
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The Supreme Court affirmed the judgment of the circuit court finding in favor of the owner of rezoned property who claimed that the triggering of a conditional proffer operated as an unconstitutional condition, holding that the trial court did not err in ultimately reversing the zoning violation.
The Board of Supervisors of Albemarle County approved a rezoning for property subject to voluntary proffers. A conditional proffer called the transit proffer continuously applied since the original rezoning. The county approved the establishment of a commuter route to run from Albemarle County to downtown Charlottesville and concluded that a substantial portion of the funding for the route could come from the transit proffer funds. The county approved the appropriation of funds to establish the commuter route. When the property owner failed to make payments required by the transit proffer the county concluded that the owner was in violation of the county's zoning ordinance. The circuit court granted judgment in favor of the owner. The Supreme Court affirmed, holding that the trial court did not err in denying the county's demurrer and motion to strike and did not err in reversing the zoning violation.
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