Pima Gro Systems, Inc. v. Zoning Appeals Board

By Judge William H. Ledbetter, Jr.

The question presented in this review of a BZA zoning decision is whether in a certiorari proceeding the court has jurisdiction to rule on certain issues raised by the petitioners.

Background Facts

This case involves the transportation of treated sewage (“sludge” or “biosolids”) from a storage facility on Dogue Farm for application on other properties.

The history of King George County zoning laws pertaining to sludge storage and transportation is detailed in Wheelabrator v. King George County, 43 Va. Cir. 370 (1997), referred to by the parties in this case. It…