At issue in this case was Va. Code Ann. 15.2-2303.1:1(A), which provides that cash payment made pursuant to a cash proffer offered or accepted for residential construction on a per-dwelling unit shall be accepted by any locality only after the completion of the final inspection of the property. Here several developers and Williamsburg Landing (collectively, Respondents) made proffers to the County, which included per-dwelling cash payments, related to the rezoning of their property. The cash … [Read more...]

Landowner initiated plans to develop his property as a cluster subdivision. Landowner received a compliance letter from the county zoning administrator indicating that Landowner’s property met the standards set forth in the applicable ordinance. After the zoning administrator issued the compliance letter, the county’s board of supervisors repealed the ordinance. Landowner filed a declaratory judgment action against the county and the board, seeking a declaration that he obtained a vested right … [Read more...]

In order to meet the 300 inhabitants required for incorporation under section 11-41-1, the petitioners included 51 people actually living in Caritas Village along with 296 people who had declared that they have designated Caritas Village as their place of residence pursuant to 12-13-23, Ala. Code 1975. The probate court determined that: (1) the proposed municipality had a population of less than 300; (2) the population of the proposed municipality did not constitute a body of citizens whose … [Read more...]