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This blog focuses on real estate, land use and construction-related topics affecting Virginia and the Washington, D.C. metro area. With topics ranging from contract drafting and negotiation to local and regional land use project updates, the attorneys at Bean, Kinney & Korman provide timely insight and commentary on the issues affecting owners, builders, developers, contractors, subcontractors and other players in the industry. If you are interested in having us cover a specific topic, please let us know.

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Posts tagged Appeals.

Court houseRecently, the Virginia Supreme Court clarified how property owners appealing adverse zoning determinations must style their case and who must be named as a party to such a proceeding.

In Frace v. Johnson, the Virginia Supreme Court held that the landowner had not properly appealed an adverse zoning determination to the Fairfax Circuit Court where she failed to name the Fairfax County Board of Supervisors as a party in the petition and did not serve the petition on the Board. Instead, following Virginia Code § 15.2-2314, she styled her petition as required by the statute, then served a copy of her petition on the Chair of the Board of Zoning Appeals within the 30-day limitation. The Fairfax County Zoning Administrator moved to dismiss the petition, because it did not name the Board of Supervisors as a party to the petition within the 30-day limitation.

Real estate lawyers and developers know that overcoming NIMBYism is a huge challenge. We are finding that even after approval, you still may face other hurdles including neighbors or even your business competitors challenging or appealing your zoning or permit approval.

Virginia Lawyer’s Weekly recently reported that the Supreme Court of Virginia issued an “unusual order” ... “acting with uncommon speed” when it ordered a halt to two planned local government hearings in Prince William County in such a case.

Be aware that the procedural requirements of Virginia Code Section 15.2-1246 [pdf] apply to appeals denying claims arising under contracts covered by the Virginia Public Procurement Act, according to the recent case, Viking Enterprise, Inc. v. County of Chesterfield, Record No. 080215 (Jan. 16, 2009) [pdf].

In Viking Enterprise, Viking entered into a written contract with Chesterfield County to construct a fire station. The County insisted that Viking had to remove and replace part of a concrete floor. Although Viking believed the floor could be repaired without removing and re-pouring the concrete, it complied with the County’s request and submitted a claim for $86,531 for additional work. The County’s board of supervisors denied the claim on July 25, 2005, and the clerk of the County’s board of supervisors gave Viking written notice of that denial in a letter dated August 2, 2005.