The Virginia Supreme Court recently granted an appeal filed by GWCL attorney Jim Guynn on behalf of Stafford County in a land use case. The County is appealing the decision by the Stafford County Circuit Court in favor of real estate developers D. R. Horton, Inc. and Metts, L.C. The issues on appeal pertain to compliance with the locality’s comprehensive plan review process, and to the locality’s authority to review development plans that are substantially changed after approval.
Developers Horton and Metts separately purchased parcels of land in Stafford County and obtained the County’s approval to develop conventional residential subdivisions on these parcels. The parcels are partly in the urban services area where the County provides public sewer; however, portions of the land are outside that area. Per the developers’ plans for conventional subdivisions, the County approved the extension of public sewer to the lots located outside the urban services area. Several years later, Horton and Metts submitted different development plans for the properties that changed from a conventional subdivision to a cluster concept plan which clusters single-family homes closer together, and thereby increases the number of lots developed. The Stafford County Planning Department refused to approve the plan changes on the grounds they required extension of sewer out of the urban service district, including additional, previously undisclosed sewer extensions, which therefore required review by the County Planning Commission under state law. Horton and Metts refused to seek the review, arguing that the County’s prior approval applied to their revised plans. The trial court ruled that the County could not require review for a cluster plan under Virginia law, and further ruled that even if review was appropriate, the approval of the previous plans was sufficient. Stafford County disagreed and is therefore appealing those rulings.
The parties will submit written arguments on the appeal through late summer, and the Court is likely to hear oral arguments in the fall. Guynn expects the Supreme Court will issue its opinion in late winter or early spring of 2021.
To view the granted appeal: http://www.courts.state.va.us/courts/scv/appeals/191662.pdf
