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Court’s ruling in the Windmill case as a significant decision reaffirming the right 'of local government to "develop and control its own destiny, to control and channel growth for the benefit of all citizens."
"It marks the first time in a number of years that the Supreme Court has utilized the presumption of validity to sustain the actions of a local governing body. In the past, the court has given lip service to that presumption but ignored it as a matter of fact,” Baumgardner said.
He viewed the Windmill ruling as an indication of the court’s more recent tendency to recognize the doctrine of separation of powers. It may mean, he said, that the judicial branch of government will take a more limited role in decisions affecting the destiny of a locality. “I see it as evidence of a tendency on the part of the Supreme Court to be very reluctant in substituting ' its own judgement for the judgement of local government." he said.
Baumgardner noted that in recent years. Virginia courts have held that a comprehensive plan is of very little value to local government in accomplishing land use planning goals. Earlier
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