080126 Northampton Bd. of Zoning v. Eastern Shore Dev. Corp. 01/16/2009 In a certiorari proceeding challenging a ruling of a county board of zoning appeals, the trial court erred in reversing the boar

State: Virginia

Court: Supreme Court

Docket No: 080126

Case Date: 01/16/2009

Plaintiff: 080126 Northampton Bd. of Zoning

Defendant: Eastern Shore Dev. Corp. 01/16/2009 In a certiorari proceeding challenging a ruling of a county boa

Preview:Present:

Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Millette, JJ., and Russell, S.J.

NORTHAMPTON COUNTY BOARD OF ZONING APPEALS, ET AL.

OPINION BY SENIOR JUSTICE CHARLES S. RUSSELL January 16, 2009

v.

Record No. 080126

EASTERN SHORE DEVELOPMENT CORPORATION FROM THE CIRCUIT COURT OF NORTHAMPTON COUNTY Glen A. Tyler, Judge This appeal turns upon the interpretation of the language of a county zoning ordinance. Facts and Proceedings The pertinent facts are undisputed. In 2003, Eastern

Shore Development Corporation (ESDC), as contract purchaser of a 48.25-acre parcel of land in Northampton County, submitted an application for the rezoning of a part of the land from the "A1" (Agricultural 1) zoning district to the "CD-R1" (Community Development

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