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Continued from page 1 understood what would result if the amendment was enacted.
“It’s a provision that repeals the right to appeal approval of a subdivision,” Mr. Luke explained, adding that the issue had arisen in a recent zoning dispute now before the Circuit Court. “Our present subdivision ordinance provides that any person at any time can appeal the granting of a subdivision. There’s no enabling legislation for that. I don’t know how it came to be included in the ordinance,” the attorney said.
Under Virginia’s enabling law, the route to “undo” a subdivision is to first petition the Board of Supervisors to vacate the plat for the subdivision. If the application to vacate is denied, then the aggrieved party may appeal THAT decision to the Circuit court, Mr. Luke told the board.
Or the aggrieved party may take the case directly to court by alleging that the board (or its agent, in the instance of administrative approval of a subdivision) committed an invalid act by approving the subdivision, the attorney continued. “If it’s an invalid act, a person always has the right to go to court and sue the
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