Town of Jonesville v. Powell Valley Village Limited Partnership

In 1975, the Virginia General Assembly passed legislation requiring all municipalities to adopt a comprehensive zoning plan. The legislation further required that all zoning ordinances issued thereafter by a municipality be reasonably consistent with the comprehensive plan. In 1989, the Town of Jonesville (plaintiff) passed a zoning ordinance that set zoning classifications for the town. The following year, Powell Valley Village Limited Partnership (defendant) obtained a zoning permit to build apartments in the town. In 1993, the town amended its 1989 zoning ordinance to require a special permit for residential buildings with more than six units. The following year, Powell applied to renew its 1990 permit. The county building inspector denied the permit because Powell did not newly apply for the special-use permit required by the 1993 amendment. Powell filed suit against the town, seeking a declaratory judgment that that the town’s 1989 zoning ordinance and 1993 amendment were invalid because the town had failed to adopt a comprehensive plan prior to issuing zoning ordinances, as required by the general assembly’s 1975 legislation. Powell further requested a writ of mandamus compelling the county inspector to issue the building permit. The trial court found in Powell’s favor, concluding that the town’s zoning ordinance was void for failure to adopt a prior comprehensive plan, and granting the writ. The town appealed.