City of Suffolk Ex Rel. Herbert v. Board of Zoning Appeals

Contrary to the language of Code § 15.2-2307, the majority’s holding permits the creation of a vested property right based on general conceptual land use plans accompanying a rezoning, rather than on evidence of a “specific project” as required by the statute. In addition, contrary to the statutory requirement that a landowner also act in “diligent pursuit” of a “specific project” to secure a vested property right, the majority allows actions taken five or more years after the relevant governmental act to constitute such “diligent pursuit.” These holdings effectively alter the statute and…