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

The City of Suffolk (“the City”) appeals the judgment of the Circuit Court of the City of Suffolk affirming the determination of the Board of Zoning Appeals for the City of Suffolk (“BZA”) that certain land use rights became vested with respect to a parcel of land owned by Etheridge Manor Corporation (“Etheridge”). For the reasons set forth below, we will affirm the trial court’s judgment.

I. FACTS AND PROCEEDINGS BELOW

In 1985, Etheridge purchased a tract of approximately 164 acres in the City of Suffolk (“the Property”). In conjunction with an adjoining landowner, Etheridge planned to develop…