The City of Charlottesville wants to settle a lawsuit filed by a group of property owners against the city’s Development Code in January 2024. The plaintiffs have argued that city officials did not follow state code by sharing a new Comprehensive Plan and the new zoning code with the Virginia Department of Transportation.
“Although a trial was scheduled for September 2026, the City and the plaintiffs have reached an agreement to resolve the case,” reads the staff report for an item on City Council’s October 20 agenda . “Under the agreement, the City will provide the requested traffic information to VDOT, and the plaintiffs will withdraw their lawsuit.”
The report notes that there will be a “meaningful” cost to conduct the studies which would ostensibly satisfy a section of Virginia Code which states a “locality shall submit the proposal to the Department of Transportation within 10 business days of receipt thereof if the proposal will substantially affect transportation on state-controlled highways.”
“However, they are anticipated to be substantially lower than the costs the City would incur if the case proceeded through discovery, trial, and potential appeals, which would likely require extensive expert involvement,” the staff report continues.
According to the proposed resolution, the plaintiffs will agree to file a motion for “non-suit.”
“While the City continues to believe that such submission to VDOT is not required by Virginia law, and that it complied with all substantive and procedural requirements when it adopted the [new zoning ordinance], it is, nevertheless, willing to make the agreed upon submission to VDOT to settle this matter,” reads the proposed resolution.
The agreement states that Charlottesville will prepare a Traffic Impact Statement pursuant to VDOT regulations.
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