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(Continued from PaRe 1) "primarily on the recommendations" of the comprehensive plan, the planning staff recommended approval of Lerner's application as did the planning commission in a majority vote. The supervisors, however, unanimously denied the rezoning after a series of public hearings.
Lerner filed for declaratory judgement and in a final decree entered February 21, 1978, Judge Rayner V. Snead declared that the action of the board of supervisors was “confiscatory, unreasonable, arbitrary and capricious” and therefore invalid.
The board then appealed to the Virginia Supreme Court which overturned Snead's ruling, allowing the denial of the rezoning to stand and dismissing the request for declaratory judgement.
The Supreme Court held that the denial of Lerner’s rezoning application was legislative action and. as such, is presumed to be reasonable. Focusing on the "minimum population to support” standard of the comprehensive plan, the court maintained that if Lerner failed to show substantial compliance with the standard, then this failure “alone constituted a valid basis for denial of the application by the board."
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