Augustine Golf Development Corp. v. Stafford County Board of Supervisors

By Judge James W. Haley, Jr.

The issue here for resolution is whether an owner has a statutory right to have his real property assessed at “open space” value, pursuant to a County ordinance permitting the same. The parties have stipulated all material facts, and each party has accordingly properly moved the court for summary judgment. Rule of Court 3:18. Carwile v. Richmond Newspapers, Inc., 196 Va. 1, 82 S.E.2d 588 (1954).

Code § 58.1-3233, as here relevant, permits appropriately qualified “open space” land to be assessed at lesser value by the taxing authority when the land is:

3. (ii) subject…