Morgan v. Board of Supervisors
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The Supreme Court reversed the judgment of the circuit court dismissing this case brought by several homeowners against the Board of Supervisors of Hanover County, holding that the circuit court erred.
Plaintiffs brought this complaint argument that the Board violated Virginia law by approving rezoning and special-exception requests authorizing the nearby construction of a large distribution and warehousing facility. The Supreme Court granted Defendants' demurrers on the grounds that Plaintiffs did not have standing to assert their claims and that some of the claims were speculative and not ripe for adjudication. The Supreme Court reversed, holding that the circuit court (1) erred in finding that Plaintiffs' pleadings did not allege a sufficient factual basis for standing; and (2) erred when it dismissed three claims on the alternative ground that those counts asserted speculative claims not ripe for adjudication.
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