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Oral Arguments of the Supreme Court of Virginia


May 19, 2019

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Granted Appeal Summary:

 

From the Circuit Court of the City of Fredericksburg

 

Assignments of Error

 

  1. The trial court erred in sustaining the City’s Pleas of Statute of Limitations as Bragg Hill’s causes of action seeking to declare the R-1 Zoning void ab initio (Counts I and III) are not subject to any limitations periods, and the City’s cited limitations periods are nevertheless inapplicable.

 

  1. The trial court erred in dismissing Count I because: (A) the procedurally defective R-1 Zoning was not rendered valid or authorized by Virginia Code § 15.1-491(b); and (B) Count I is not rendered “moot” by the City Council’s purported “amendments” in 1991 and 2014.

 

  1. The trial court erred in dismissing Count II as no prior administrative proceedings can supersede or otherwise affect Bragg Hill’s right to invoke the trial court’s jurisdiction over its vested rights cause of action.

 

  1. The Court erred in dismissing Count III which properly states a claim upon which relief can be granted independent of any vested right and independent of Counts I and II.



Source Document: http://www.courts.state.va.us/courts/scv/appeals/180647.pdf