Legal Opinion
Recyc Systems, Inc. v. Spotsylvania County
Spotsylvania County Circuit Court
Decided February 9, 2004No. Case No. CH01-711Published
1Opinion of the Court
By Judge William H. Ledbetter, Jr.
In this suit, the plaintiffs ask the court to nullify zoning provisions adopted by Spotsylvania County related to the application of biosolids (treated sewage sludge) on farmland.
The plaintiffs have constructed the following syllogism: the State has pre-empted the field by creating a comprehensive scheme of regulation of the land application of biosolids; the County zoning provisions adopted on September 25, 2001, are inconsistent with State law; therefore, the zoning provisions are void. Because no additional facts would change the result, the plaintiffs…
2Cases cited3 opinions
- Blanton v. Amelia CountySupreme Court of Virginia · 2001
- Resource Conservation Management, Inc. v. Board of SupervisorsSupreme Court of Virginia · 1989
- O'Brien v. Appomattox County, VirginiaDistrict Court, W.D. Virginia · 2002