Martin v. City of Alexandria
Virginia Supreme Court
743 S.E.2d 139 (2013)
- Written by Carolyn Strutton, JD
Facts
James and Christine Garner owned a vacant lot in the historic Old Town district of Alexandria (defendant), a city in Virginia. The Garners sought to build a house on the lot, which was narrow and shallow and bordered on one side by a house of particular historical significance. The property was subject to both citywide zoning ordinances and zoning ordinances specific to the historic district, which included mandatory review of any plans to ensure architectural appropriateness. The Garners had unsuccessfully sought zoning variances in the past but eventually obtained a variance from the city’s zoning board allowing their new construction to reduce the amount of side- and backyard setbacks typically required by the zoning ordinance. A neighbor, Curtiss Martin (plaintiff), opposed the board’s grant of the variance, but the circuit court upheld the board’s decision. Martin appealed the circuit court’s ruling, and the case came before the Virginia Supreme Court.
Rule of Law
Issue
Holding and Reasoning (McClanahan, J.)
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