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If that’s true, “then the District identified by the Commission was inappropriately designated as a landmark,” wrote Parker.
The judge concluded that the Virginia Historic Landmarks Commission’s designation of the Town as an historic district “is not the equivalent of designating the Town as a historic landmark as required” by the law. “Therefore,” Parker ruled, “this provision of the Enabling Law is insufficient as justification for enactment of the Ordinance.”
As to structures of important historical, architectural or cultural interest in the town, Parker found that “no such buildings or structures are identified in the Town’s Ordinance,” none were identified when the ordinance was adopted as required by the lawjo nor were any stipulated by the parties. /Therefore there was no justification for enactment of the ordinance, wrote Parker.
The judge disagreed with the plaintiffs’ argument that an historic district ordinance may exist only as an amendment to an existing zoning ordinance. He ruled that that argument would not be enough to invalidate the ordinance nor would the “failure of the Town” to show the Historic District in the zoning map.
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