Judge Worrell grants default judgement against city, voiding new development code

After nearly a year and a half of processing land use applications under the new Development Code, the City of Charlottesville will have to fall back on older rules after a legal ruling this morning in Charlottesville City Council Court.

A group of property owners filed suit against Charlottesville City Council in January 2024 arguing that the city did not follow Virginia regulations and law when it adopted a new zoning code that increased development rights across the city. After a series of hearings, Circuit Court Judge Claude Worrell ruled in April that the case of White v. Charlottesville could proceed to trial. One has been scheduled for June 2026.

In late December 2024, attorneys with the firm Flora Pettit had filed an amended complaint. In a written order entered into the record on April 30, Judge Worrell made specific instructions.

“Defendant shall file an Answer to the Amended Complaint filed herein within twenty-one days of entry of this order,” reads the order.

However, that response was not filed in time. Attorneys for the plaintiff filed a motion seeking a default judgment on June 2.

“To date, the City has failed to file an Answer and is therefore in default,” reads their motion.

The motion requested four outcomes:

• The new zoning ordinance be declared void ab initio, a legal phrase meaning “from the beginning,” because the city did not comply with §15.2-2222.1 and §15.2-2284
• The city be prohibited from enforcing the new zoning ordinance
• The plaintiffs be awarded attorney fees and costs
• The plaintiffs be awarded any other relief

The next day, attorneys for the city filed a motion in response and asked for permission to file a response. They provided evidence that they’ve been working to prepare for the trial. They also admitted fault.

“The City concedes that its outside counsel did not file an Answer in accordance with the Court’s order denying its Demurrer and Plea in Bar,” reads paragraph 13.

Today’s hearing began just after 10 a.m. and lasted less than ten minutes.

Ryan Starks with the firm Gentry Locke pleaded with Judge Worrell to accept a good cause argument because the city has been responsive at every step along the journey since the case was filed.

“The city has been very vigorously defending itself from the outset,” Starks said. “There is no attempt to delay.”

Starks said the city immediately filed a response when the error was brought to their attention. He also added that city residents who support the new development code and are making investments should not be penalized because of a mistake by outside counsel.

Judge Worrell said he could not grant relief to the city. He expressed a lament that the case would not go to trial.

“There are things in this case I thought might be useful about what zoning is and what zoning isn’t,” Worrell said. “It would have been interesting.”

Next steps

In a statement, city officials said they are evaluating their next steps.

“We are working closely with staff to assess any immediate impacts and will provide additional information as appropriate,” said Afton Schneider, the city’s director of communications and public engagement.

Since the Development Code went into effect on February 19, 2024, dozens of plans have been submitted to the Department of Neighborhood Development Service under the new rules.

Under the new rules, one way a project moves forward is through filing a “major development plan.” Only a few have been approved.

• There are five units at 1609 Gordon Avenue and a major development review plan was preliminary approved on January 30 for nine units under the Residential Mixed-Use 5 zoning.
• Pilgrim Baptist Church at 211 Albemarle Street received permission to add a 1,330 building for a daycare and preschool. The land is under the new Corridor Mixed Use 3 zoning.
• A major development plan for the third phase of Kindlewood was approved on March 10, 2025 in time for the project to be submitted to Virginia Housing for Low Income Housing Tax Credits. However, the final site plan is still pending. This phase would consist of five multifamily buildings totalling 85 units including six for sale. Virginia Housing has recommended those credits for this project.
• Preservation of Affordable Housing also received approval on March 10, 2025 for a project at 1000 Wertland Street for 180 units in a six story building. Virginia Housing has not recommended funding of credits for this project.

Several projects are still being reviewed under the old zoning rules because sufficient work had been done to vest the previous development rights. These include a 250-unit apartment complex at 1185 Seminole Trail, an 82 unit apartment complex off of Harris Road in the Willoughby neighborhood, and 350 units in a portion of the former Seminole Square Shopping Center.

Before you go: This story was first published in the June 30, 2025 edition of Charlottesville Community Engagement and then posted here a day later. Want more stories like this? Find out ways you can support Town Crier Productions here.