Hale v. Board of Zoning Appeals, Town of Blacksburg

Holding

In these consolidated appeals, the principal issue we consider is whether the circuit court correctly applied Code § 15.2-2307 in finding that the owner/developers of a parcel of real property obtained a vested right to a particular use of the property under a rezoning ordinance subject to their proffers and, thus, are not subject to a subsequent amendment to the locality’s zoning ordinance that placed a limitation on that use. We also consider whether Code § 15.2-2298(B) would bar the locality from enforcing the amendment of the zoning ordinance against the property.