Bd. of Supervisors of Prince George County v. McQueen

Landowner initiated plans to develop his property as a cluster subdivision. Landowner received a compliance letter from the county zoning administrator indicating that Landowner’s property met the standards set forth in the applicable ordinance. After the zoning administrator issued the compliance letter, the county’s board of supervisors repealed the ordinance. Landowner filed a declaratory judgment action against the county and the board, seeking a declaration that he obtained a vested right to develop his property as a by-right cluster subdivision in accordance with the terms of the ordinance. In support of his claim, Landowner asserted that the compliance letter constituted a significant affirmative governmental act under Va. Code Ann. 15.2-2307, which was necessary to find Landowner had vested land use rights. The circuit court ruled in favor of Landowner. The Supreme Court reversed, holding (1) the zoning administrator’s issuance of the confirmation letter was not a significant affirmative governmental act; and (2) therefore, the circuit court erred in holding that Landowner acquired a vested right under section 15.2-2307 to develop his property as a cluster subdivision.

Bd. of Supervisors of Prince George County v. McQueen