Virginia Supreme Court Rejects Waterfront Opponents’ Appeal
The Virginia Supreme Court has ruled that a major legal challenge by three plaintiffs to the City’s approved Waterfront Small Area Plan is moot. The challenge stems from an attempt by the group to appeal the Waterfront Text Amendment to the Board of Zoning Appeals (BZA)—an attempt that was rejected by Planning and Zoning Director Faroll Hamer. The plaintiffs appealed to the Alexandria Circuit Court. The Circuit Court dismissed the case on the City’s motion, and the group then appealed the matter to the Virginia Supreme Court.
On March 5, 2013, the Alexandria City Council voted again on the Waterfront Text Amendment, doing so with a supermajority (6-1). The Supreme Court found that the plaintiffs had already received all the relief that could be granted when the Council passed the Text Amendment by a supermajority.
The group has made a similar challenge to the Council’s second vote on the Waterfront Text Amendment. That case was recently heard by the Alexandria Circuit Court and dismissed on the City’s motion. The Circuit Court granted the plaintiffs time to amend their Complaint, but they have not yet done so.