Nothing in My Back Yard? The Case Against Expanding Third-Party Rights to Challenge Local Land Use Decisions in Virginia

摘要

Under existing Virginia law, third parties have a right to appeal zoning decisions but not planning commission decisions or approvals under the subdivision ordinance. The Virginia Supreme Court has recently clarified the law in this area and local governing bodies should review their ordinances to ensure their appeal provisions are consistent with state law and do not encourage litigation from parties who lack a right-of-action. It is now clear that the appropriate time for a land use appeal is when the permissible land use changes, not after the use is approved and the applicant is seeking approval for the details of his development. Following Logan, in Virginia if neighbors object to a proposed development, they must speak at the zoning stage and appeal from the zoning decision or forever hold their peace. Considering the administrative and even ministerial nature of many subdivision actions and planning commission decisions, the undesirable consequences of increased litigation against localities and the existing ability of neighbors to challenge zoning actions, it would be unjustified and imprudent to expand third-party rights-of-action with respect to land use decisions in Virginia.