Board of Supervisors v. Rowe

Upon a motion for declaratory judgment filed by the landowners1 against the Board and another,2 the trial court declared Article 8A of Chapter 20, Zoning Ordinance of James City County, including Sections 12-13 through 12-13-8 incorporated therein (hereafter 8A), facially unconstitutional in its entirety. On appeal, the Board asks us to reverse the judgment and enter final judgment declaring 8A valid in its entirety, or, in the alternative, to reverse the judgment, sever those portions of 8A found unconstitutional, and “provide guidelines” for “constitutionally acceptable” alternatives.

Landown…