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that relates to counties, cities and towns) is changed, local government will be hampered in its ability to plan and to implement plans,” McNear said. Power to plan and zone is vested in the state and delegated to localities by the Code. But under the Dillon Rule, any powers not specifically authorized to local government remain under state control. As a result of this vagueness in the Virginia Code, “courts have to end up more times than not as the final arbitrator (in land use decisions),” said McNear. “Courts armed with the Dillon Rule are playing a major role...in confining local ability to plan and zone
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