CAH Holdings, L.L.C. v. City of Chesapeake

By Judge Randall D. Smith

This matter has been heard by the Court, and post-trial memoranda have been submitted and reviewed. The parties’ positions and arguments have been clearly stated both during oral arguments and in post-trial filings and therefore need not be restated here.

Two issues need to be addressed based upon the plaintiff’s allegations:

(A) Was probative evidence of unreasonableness presented to challenge the presumptively valid decision by the City Council in the denial of the conditional use permit to require the governing body to produce evidence of reasonableness to make the…