West v. Mills

In these two cases, the primary issues are whether: (1) a trial court properly rejected a planning commission’s 1 stated reasons for disapproving a subdivision plat and concluded that the commission based its disapproval on citizen opposition expressed at commission hearings; and (2) mandamus lies to compel the commission to consider a revised plat during the pendency of an appeal of its rejection of a previously submitted plat of the same property.

The Town of Blacksburg (the town) adopted a cluster housing ordinance on January 8, 1985. 2 Its stated purpose was “to offer incentives and…