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Posts tagged Virginia Supreme Court opinions.

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.

Here is a new sampling of cases in which the Virginia Supreme Court has recently granted appeals.

In April, the Court granted the petition for appeal in Studio Center Corporation v. WKW Construction, LLC, Record No. 092257, challenging the ruling of Judge Shockley from the Circuit Court of the City of Virginia Beach. Studio Center is contesting Judge Shockley’s holding that Virginia Code Section 54.1-1115(C) applied when the unlicensed contractor admitted it knew Virginia law required a license, but did not realize that it could not use someone else’s license. This case should give us some much needed guidance on Section 54.1-1115(C)’s requirement of “good faith” and “actual knowledge.”