Town of Ashland v. Ashland Investment Co.

This appeal turns upon the question of the necessity of an evidentiary hearing when cross-motions for summary judgment are filed. We also consider the nature of certiorari proceedings under Code § 15.1-497 challenging a decision by a Board of Zoning Appeals.

Ashland Investment Co., Inc. (the company), owned a motel in Hanover County, outside the Town of Ashland. A large, freestanding sign on the premises had been erected in compliance with all laws and ordinances in effect in the county at the time of its construction. Later, however, the area was annexed by the town and became subject to the…