Legal Opinion

Town of Rocky Mount v. Southside Investors, Inc.

Supreme Court of Virginia

Decided June 6, 1997No. Record 962021PublishedCited by 5 opinions

1Opinion of the CourtJustice Keenan

The sole issue in this appeal is whether a landowner acquired a vested right to build townhouses on its property before a zoning ordinance was amended to require a special use permit for such development.

Southside Investors, Inc. (Southside), initiated an action against the Town of Rocky Mount, challenging a 1995 amendment to the Town’s zoning ordinance. The trial court heard the following evidence in a bench trial.

In July 1985, Southside purchased a 5.5 acre tract of property located on Herbert Street in the Town of Rocky Mount. About one month later, Southside obtained a rezoning of the…

2Cases cited4 opinions

  1. Board of Supervisors of Fairfax County v. Cities Service Oil Co.Supreme Court of Virginia · 1972
  2. Town of Stephens City v. RussellSupreme Court of Virginia · 1991
  3. Holland v. Board of Sup'rs of Franklin CountySupreme Court of Virginia · 1994
  4. Board of Supervisors v. Trollingwood PartnershipSupreme Court of Virginia · 1994

3Cited by5 opinions

  1. Board of Zoning Appeals v. CaseLin Systems, Inc.Supreme Court of Virginia · 1998
  2. City of Suffolk Ex Rel. Herbert v. Board of Zoning AppealsSupreme Court of Virginia · 2003
  3. In re Zoning Ordinance AmendmentsLoudoun County Circuit Court · 2003
  4. City of Suffolk Ex Rel. Herbert v. Board of Zoning AppealsSupreme Court of Virginia · 2003
  5. Norfolk 102, LLC v. City of NorfolkSupreme Court of Virginia · 2013

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