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AT EVERY planning conference that is held in this area, lawyers and planners from other parts of the country shake their heads in disbelief at descriptions they hear of Virginia court decisions concerning land use.
As bad as the legal attitude may be in New York, or Oregon, or Florida, it seems that Virginia tops them all when it comes to negating planning efforts. Now Virginia has done it again. In the opinion of Loudoun Commonwealth’s Attorney Don Devine, the decision of the Virginia Supreme Court, knocking out a Fairfax effort to deny a re-zoning in the Reston area, may also have knocked out Loudoun’s efforts to key growth to “affordability” and a Capital Improvements Program. '
If Devine is right, then Virginia courts can force—that’s right, force—local governments to grant a high density rezoning where there are no facilities—no schools, no water or sewers, inadequate roads—and then proceed to force the communities to provide whatever is needed. No matter that everyone else in the county may be
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