Charlottesville served with lawsuit seeking voidance of the new zoning code

Note: Story updated on March 9, 2024 with comment from a UVA School of Law Professor

The City of Charlottesville has been served with a lawsuit seeking the overturning of the city’s new Development Code, which includes the creation of more development rights on almost every single parcel of land. 

A group of property owners filed a motion in Charlottesville Circuit Court claiming that the city did not comply with requirements to study the impact of that additional density. While the suit was filed on January 16, the papers for White v Charlottesville were not officially served to city officials until February 9.  (read that story)

“City Council intends to vigorously defend the litigation with the goal of favorably concluding the suit as soon as possible in order to reduce the burden of litigation costs on City taxpayers,” said City Attorney Jacob Stroman in an email sent to Charlottesville Community Engagement on Monday.

Serving the suit begins the formal legal process. Stroman said the city’s official response will be filed in court on March 15 and added that Council’s adoption of the zoning code happened after a public process known as the Cville Plans Together initiative.

“The ordinance reflects an updated community land use vision to include more affordable housing, progressive planning and zoning inclusivity, while preserving historic features,” Stroman continued. 

One of the attorneys for the plaintiffs in White v. Charlottesville is Mike Derdeyn, who previously represented anonymous landowners seeking the overturning of the Comprehensive Plan adopted in November 2021. 

Charlottesville Circuit Court Judge Claude Worrell threw out all but one count in the first version of that case in August 2022, and Derdeyn filed a second motion last February. Both of these lawsuits are no longer active having been declared a non-suit on February 12.

Additionally, another lawsuit against City Council has been declared a nonsuit. Cabell Marshall had sued the city in May 2022 seeking the overturning of Council’s vote to rezone 240 Stribling a month before.

What’s a nonsuit? I reached out to the University of Virginia School of Law.  

“A ‘nonsuit without prejudice’ is a voluntary dismissal of a claim by the plaintiff, allowing the plaintiff to refile the claim later,” said Professor George Rutherglen, an expert in civil procedure.

At least one other legal action against the city is still pending. A group of property owners in the Jefferson Park Avenue neighborhood sued Council in October 2022 over a special use permit for additional density at 2005 JPA. The website for the Charlottesville Circuit Court lists the status as active as well as a list of proceedings in 2023. 

Meanwhile, the Development Code has now been in effect for ten days. No new site plans have been filed during as of February 28 nor have any of the new development plans. A demolition permit for 600 Altavista Avenue has been filed and a map submitted as part of the application is dated today. 

Shirley’s Place LLC bought the 0.217 acre property in November 2023 for $300,000 and the estimated cost of demolition is $20,000. The structure was built in 1910 and has no historic protections in place. 

“We are going to demo existing house and possibly run new water and sewer into new lot,” reads the description included in the application. 

So far there does not appear to be a subdivision request associated with the property. Earlier this month, another demolition request was filed for 1105 Grove Street in Fifeville. A firm called Trio Properties bought the property for $100,000 in September 2022 and listed it in April 2023 for $450,000. The listing was removed in October, according to materials on Realtor.com.  

What will happen, with any of this? I’m here to report as much as I can.

Before you go: The time to write and research of this article is covered by paid subscribers to Charlottesville Community Engagement. In fact, this particular installment comes from the February 28, 2024 edition of the newsletter and podcast. To ensure this research can be sustained, please consider becoming a paid subscriber or contributing monthly through Patreon.