Pima Gro Systems, Inc. v. King George County Board of Supervisors

By Judge William H. Ledbetter, Jr.

The dispositive issue in this declaratory judgment action involves the enforceability of an agreement made by the County with an individual landowner, the plaintiffs’ predecessor-in-interest, wherein the landowner was permitted to engage in activity prohibited by the County zoning ordinance.

For the reasons explained below, the court is of the opinion that the agreement is void and unenforceable.

Facts

Pima Gro is in the business of removing treated sewage (“sludge” or “biosolids”) from municipal treatment plants and applying it to agricultural land. There are…