Kole v. City of Chesapeake

In this declaratory judgment proceeding, landowners challenge the validity of a city’s rezoning ordinance. On appeal, we determine whether the trial court erred in dismissing with prejudice the landowners’ bill of complaint on the ground that it was not filed within 30 days of the enactment of the rezoning ordinance, as required by Code § 15.1-493(G).

On September 13, 1991, Seven Springs, Inc. (Seven Springs), a Virginia corporation, and Andrew D. Kole, Seven Springs’ sole shareholder (collectively, the Landowners), filed a bill of complaint against the City of Chesapeake (the City) and the…