Legal Opinion

Wintergreen Property Owners Ass'n v. Nelson County Board of Supervisors

Nelson County Circuit Court

Decided August 29, 2005No. Case No. CH05-0003Published

1Opinion of the Court

BY JUDGE J. MICHAEL GAMBLE

I am writing to rule on the motion of Elizabeth Hayes to intervene in this proceeding. The motion is denied.

The only required parties to a proceeding contesting the zoning decision of a governing body are the contestant and the local governing body. After the contesting action has been filed, any other necessary party must be brought into the proceeding prior to adjudication. Friends of Clark Min. v. Board of Supervisors, 242 Va. 16, 21, 406 S.E.2d 19 (1991).

*40Elizabeth Hayes is neither a required party nor a necessary party. Only Wintergreen Property Owners…

2Cases cited9 opinions

  1. Riverview Farm Associates Virginia General Partnership v. Board of SupervisorsSupreme Court of Virginia · 2000
  2. Hurt v. CaldwellSupreme Court of Virginia · 1981
  3. Asch v. Friends of the Community of Mount Vernon Yacht ClubSupreme Court of Virginia · 1996
  4. City Council of Alexandria v. Potomac Greens Associates PartnershipSupreme Court of Virginia · 1993
  5. Friends of Clark Mountain Foundation, Inc. v. Board of SupervisorsSupreme Court of Virginia · 1991

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API