On April 1, 2021, the Supreme Court of Virginia reversed a ruling by the Circuit Court of Stafford County and found in favor of the defendant, Stafford County, and against plaintiffs, real estate developers D.R. Horton, Inc. and Metts L.C. GWCL attorney Jim H. Guynn, Jr. represented the County in the land use case.

The issues considered by the Virginia Supreme Court pertained to compliance with a locality’s comprehensive plan review process, and to its authority to review development plans that are substantially changed after approval.  Horton and Metts purchased parcels of land from Stafford County and after receiving its approval on development plans for conventional residential subdivisions, they submitted plans for a cluster concept plan which increased the number of lots developed. The County’s planning department refused to approve the plan changes on the grounds that they required additional sewer lines not previously disclosed and 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. The Supreme Court disagreed with the lower court’s application of the two relevant statutes: Code 15.2-2232 which requires a developer to submit certain plans for review by a locality’s planning commission, and Code 15.2-2286.1 which governs cluster developments. The Supreme Court reversed the circuit court’s judgment and remanded the case for the Stafford County Planning Commission to conduct a review of the developers’ revised plan pursuant to Code 15.2-2232.

For the full text of the Virginia Supreme Court’s opinion, click here

For related article on this case, click here