Attorneys for a group of Charlottesville property owners who sued City Council over new zoning rules have filed a document asking Charlottesville Circuit Court Judge Claude Worrell to sustain a ruling of default judgment on June 30 that voided the new ordinance.
On Monday, the city attorney’s office responded to a request from Judge Worrell that the city explain how it would prevail if the case went to trial. The plaintiffs responded on Wednesday.
“The City does not have a substantial defense, and that factor should not be used to justify reconsideration of the Court’s finding that Plaintiffs are entitled to default judgment,” reads the response.
The plaintiffs argue that the city’s memo confirms that Charlottesville officials never conducted the traffic studies they claim are required by Virginia code. They said all analysis should have been conducted before Council adopted the Development Code on December 18, 2023.
“It is startling that a municipality that claims to have done significant research and analysis in preparation for passing the [new zoning ordinance] can do no better than to assert that its impact is ‘uncertain,’” reads page two.
The word “uncertain” refers to analysis a hypothetical example in the Greenbrier neighborhood used by the city to argue that a traffic impact statement was not necessary. For details read the three documents listed below.
Judge Worrell’s written opinion is expected on Friday.
Resources for this story:
- The plaintiff’s amended complaint in White v. Charlottesville
- Defendant’s Written Submission of its Substantial Defenses
- Plaintiff’s Submission Regarding City’s Lack of Substantial Defense
Before you go: This story was first posted in the August 21, 2025 edition of Charlottesville Community Engagement and then posted here the next day. To learn more how to support this work, click this link.
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