CaseALAN T. SHAIA, ET AL. v. CITY OF RICHMOND
(Record Number 131249)
FromThe Circuit Court of the City of Richmond; Melvin R. Hughes, Jr., Judge.
CounselPatrick R. Bynum, Jr. for appellants.
Carlos L. Hopkins (Office of the City Attorney) for appellee.
Assignment of Error
- The Circuit Court erred in sustaining the City's Demurrer by finding that the Vested Rights Statute in VA Code § 15.2-2307 is "merely enabling" legislation and that private property owners in the Commonwealth do not have these statutory vested rights protections unless a local government chooses to adopt an implementing ordinance thereunder. Because of this fundamental misinterpretation of the Statute, the Circuit Court dismissed the Complaint on the basis that Shaia could not allege, as a condition precedent for a vested rights claim, that Richmond City Council had passed an ordinance to implement the 2008 Amendment.