City of Charlottesville v. DeHaan

323 S.E.2d 131, 228 Va. 578, 1984 Va. LEXIS 332
Supreme Court of Virginia·Decided November 30, 1984·No. Record 840437·Published·Cited by 26 cases

Opinions

THOMAS, J.,

delivered the opinion of the Court.

This is an appeal in a declaratory judgment proceeding that involves an issue rooted in the Constitution of Virginia. Martin H. DeHaan and others challenged efforts on the part of the City of Charlottesville to promote the development of a hotel-convention center in the Vinegar Hill Redevelopment area of the City. The proposed complex had an estimated construction cost of $23.9 million. The developer, Charlottesville Properties, Ltd., was required to advance $2.0 million in earnest money and to borrow $12.4 million from a private lender. The remaining $9.5 million was to be lent to the developer by the Charlottesville Redevelopment and Housing Authority (the Authority). The Authority was to obtain the loan money from the City. The City passed a $9.5 million bond ordinance which declared that the proceeds from the sale of the bonds were to be transferred to the Authority for its use in carrying out its public purposes, including the Vinegar Hill Redevelopment Project. DeHaan argued that the City’s attempt to give money to the Authority, which in turn would lend money to the developer, was an effort to lend, indirectly, the credit of the City to a private entity in violation of the “credit clause” of Article X, Section 10 of the Constitution of Virginia.*

The trial court ruled in DeHaan’s favor, finding that the City’s involvement in the redevelopment effort violated the credit clause. In a letter opinion, the trial court noted that securing a developer for the Vinegar Hill site was the “culmination of exhaustive efforts” by the City and the Authority. The trial court acknowledged that the City’s involvement in the redevelopment effort was in full compliance with various provisions of the Housing Authorities Law, Code §§ 36-1 et seq. Yet, the trial court perceived a constitutional violation essentially because it reached the following four conclusions: 1. that the money the City would give the Authority would be lent by the Authority to a private developer; 2. [583] that the developer would not have been able to secure the $12.4 million loan from the bank without the funds it would receive indirectly from the City; 3. that the City’s money would be invested in privately owned facilities; and 4. that the intent of the bond ordinance was to grant indirectly the credit of the City to a private interest which could not itself obtain credit. According to the trial court, the facts fell squarely within the ambit of Button v. Day, 208 Va. 494, 158 S.E.2d 735 (1968), with the result that, though the redevelopment effort involved a “laudable public purpose,” the City’s involvement was impermissible.

On appeal, the City contends that the trial court did not properly apply the so-called “animating purpose test” and, as a result, did not analyze the transaction to determine whether it was primarily for a public purpose or primarily for a private benefit. The City further contends that, had the animating purpose test been properly applied, the trial court would have seen that the benefit to the developer was only incidental to the overall redevelopment effort. In short, the City contends that upon proper analysis, it is apparent that the primary motivation behind its efforts to promote the redevelopment of a once-blighted area in the heart of the City was to serve the purposes of the Housing Authorities Law and therefore those efforts were not unconstitutional. We agree.

The starting point in reviewing the constitutionality of legislative actions is recognition of the presumption of validity that attaches to such actions. In opinion after opinion, we have emphasized the very narrow confines in which the courts must operate when considering the constitutionality of legislative activities. In Mumpower v. Housing Authority, 176 Va. 426, 444, 11 S.E.2d 732, 739 (1940), we said, quoting Danville v. Hatcher, 101 Va. 523, 532, 44 S.E. 723, 726 (1903), that the “best indications of public policy are to be found in the enactments of the Legislature..” In Mumpower, we also noted that the legislature has wide discretion in determining the best interests of the public, that every possible presumption is to be indulged in favor of the validity of a statute, and that a legislative enactment must be sustained unless “ ‘[i]t is clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare.’ ” 176 Va. at 443, 11 S.E.2d at 738 (citing West Brothers Brick Co. v. Alexandria, 169 Va. 271, 192 S.E. 881, appeal dismissed, 302 U.S. 658 (1937), Gorieb v. Fox, 274 U.S. 603 (1927), and Village of Euclid v. Ambler Realty Co., 272 U.S. [584]*584365 (1926)). To similar effect is Harrison v. Day, 200 Va. 750, 754, 107 S.E.2d 585, 587-88 (1959), a credit clause case which quotes with approval the following language from Ex Parte Settle, 114 Va. 715, 719, 77 S.E. 496, 497 (1913):

“Every presumption is made in favor of the constitutionality of an act of the legislature. A reasonable doubt as to its constitutionality must be solved in favor of the validity of the law, and the courts have nothing to do with the question whether or not the legislation is wise and proper, as the legislature has plenary power, except where the Constitution of the State or of the United States forbids, and it is only in cases where the statute in question is plainly repugnant to some provisions of the Constitution that the courts can declare it to be null and void.”

These principles are sufficiently important that they were reiterated in Button v. Day, 208 Va. 494, 158 S.E.2d 735 (1968), the primary case relied upon by DeHaan. There, though we struck down a statute as violative of the credit clause, we acknowledged the “established principle that every reasonable doubt should be resolved in favor of an act of the legislature” and went on to state that “only where such an act plainly exceeds constitutional limitations, should the court strike it down.” Id. at 502, 158 S.E.2d at 740.

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City of Charlottesville v. DeHaan, 323 S.E.2d 131, 228 Va. 578, 1984 Va. LEXIS 332 (Va. 1984).

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