Board of Supervisors of Augusta County v. Countryside Investment Company, L.C.

258 Va. 497 (1999)

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Board of Supervisors of Augusta County v. Countryside Investment Company, L.C.

Virginia Supreme Court
258 Va. 497 (1999)

Facts

The Board of Supervisors of Augusta County, Virginia (the board) (defendant) enacted a subdivision ordinance via the power granted to the board in the Virginia Land Subdivision and Development Act (the act). Section 21-6 of the ordinance made the size and shape of all proposed subdivision lots subject to the board’s approval. Section 21-7 of the ordinance allowed the board to deny a subdivision application if, in the board’s opinion, the proposed subdivision was not conducive to the preservation of a rural environment. Countryside Investment Company, L.C. (Countryside) (defendant) submitted a master plan for a proposed 427-lot subdivision that complied with the county’s minimum-lot-area requirement. However, the board denied approval of the master plan because (1) it did not include large lots of varying sizes and (2) it was inconsistent with the preservation of the area’s rural environment. Countryside sued, seeking judicial review of the board’s disapproval of the master plan. The circuit court found that §§ 21-6 and 21-7 of the subdivision ordinance exceeded the board’s statutory authority and ordered the board to approve the master plan. The board appealed to the Virginia Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Hassell, J.)

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