ALEXANDRIA CITY v. Mirant Potomac River

OPINION BY Justice ELIZABETH B. LACY.

In this appeal, the City of Alexandria asks us to reverse the circuit court's judgment declaring the 2004 Text Amendment to the City's zoning ordinance invalid and reinstating two auxiliary special use permits (SUPs) issued to Mirant Potomac River, LLC, (Mirant) in conjunction with the operation of an electricity generating plant (the Plant). As discussed below, we conclude that the Text Amendment violated Code § 15.2-2307 because it impaired an established vested right to operate the Plant. We also conclude that the circuit court did not err in holding…