New documents filed in lawsuit against the city’s Development Code

A trial date has been scheduled for June 22, 2026 in Charlottesville Circuit Court for a lawsuit seeking to overturn the city’s Development Code.

On June 2, attorneys for the plaintiffs filed a new motion calling for default judgement based on a claim that the City failed to respond to an April 30 order that the city answer to the amended complaint based on a ruling by Judge Claude Worrell earlier that month.

“Plaintiffs respectfully request that this Court enter default judgement in favor of Plaintiffs and against the city,” reads the motion filed by the firm Flora Pettit on behalf of a group of Charlottesville property owners.

The following day, attorneys with the firm Gentry Locke working for the city responded with a request for relief and to allow a late answer. Their appeal is based on the fact that the city filed a motion asking Judge Worrell to reconsider on April 25, a motion Worrell denied on May 7.

“In the days since the Court denied the Motion to Reconsider, Plaintiffs’ counsel and outside counsel for the City have been discussing trial dates,” reads paragraph 11 of their response. Following paragraphs outline good faith efforts to move the case forward.

“The City had fully and fairly participated in this suit since it was filed nearly a year and a half ago,” reads paragraph 19. “The City has participated in two rounds of dispositive motion briefing, responded to voluminous discovery requests, and fully intends to defends its actions in the merits of this case.”

The city attached their answer as Exhibit A in their response. No hearing date has been scheduled for this matter.

“When the facts are laid bare, it will be clear that the City followed a model process, fully compliant with Virginia law, that resulted in a positive and well-supported policy to make Charlottesville a more inclusive and affordable community,” reads a portion of the answer.

A trial date of nine days has been set.

Before you go: This story was first published in the June 10, 2025 edition of Charlottesville Community Engagement and then posted here a few days later. One day the system will be unified. That day is not today. If you’d like to help today come faster, take a look here at how you can help!