Corliss v. Jefferson County Board of Zoning Appeals

591 S.E.2d 93, 214 W. Va. 535, 2003 W. Va. LEXIS 102
CourtWest Virginia Supreme Court
DecidedOctober 10, 2003
DocketNo. 31119
StatusPublished
Cited by12 cases

This text of 591 S.E.2d 93 (Corliss v. Jefferson County Board of Zoning Appeals) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corliss v. Jefferson County Board of Zoning Appeals, 591 S.E.2d 93, 214 W. Va. 535, 2003 W. Va. LEXIS 102 (W. Va. 2003).

Opinion

ALBRIGHT, Justice.

Arcadia Budding Company (“Arcadia”) and William and Ginger Henderson1 appeal from the February 14, 2002, decision of the Circuit Court of Jefferson County in which the conditional use permit previously issued to them by the Jefferson County Planning Commission (“Commission”) was vacated. Arcadia had sought and obtained the permit for the purpose of developing a residential subdivision known as Harvest Hills. Six individual landowners2 (hereinafter referred to as “Landowners”) sought review by the circuit court of the administrative decision to issue a specialized zoning permit for the Harvest Hills development.3 The Landowners objected to the proposed development based on concerns that residential use of the land would negatively affect their agrarian use of neighboring property. Arcadia 4 argues that, ■ in reversing the decision of the Appellee Jefferson County Zoning Board of Appeals (“Zoning Board”), the circuit court wrongly substituted its judgment for that of the Zoning Board and circumvented established rules of review. Having carefully reviewed this matter, we find that the lower court erred in overturning the Zoning Board’s decision by not adhering to the limited scope of review applicable to this type of administrative proceeding and by altering the established manner in which adjacent property measurements are determined for purposes of evaluating a conditional use permit application. Accordingly, we reverse.

I. Factual and Procedural Background

The property at issue which Arcadia seeks to develop is located in the Rural District of Jefferson County. Despite its “rural” designation, the Jefferson County Zoning and Development Review Ordinance (hereinafter referred to as the “Ordinance”) provides for twenty-two principal permitted uses, including low-density single-family residential development and farming. The Ordinance sets forth a specified maximum number of lots that are allowed in the Rural District as a matter of right. Even though the maximum number of lots had been reached in this district,5 the Ordinance provides a mechanism whereby a “conditional use permit” application may be filed to seek the Commission’s permission for an already approved use of the land.6 Seeking such a permit, Arcadia submitted an application and the required support data to the Commission on December .19, 2000, for the purpose of [538]*538developing Harvest Hills. According to the conditional use permit application, the subject real estate contains 371 acres and Arcadia intends to subdivide this property into approximately 392 single-family housing lots.

Pursuant to the procedures known as the Development Review System (“DRS”), which are set forth in the Ordinance, the Commission undertook an evaluation to determine whether the requested conditional use permit should be issued. As part of that process, a Land Evaluation and Site Assessment (“LESA”) was performed by the Zoning Administrator, Paul Raco. The LESA evaluation utilizes a numeric rating scale which involves two components: a soils assessment that accounts for 25% of the LESA score and an amenities assessment that accounts for the remaining 75% of the LESA score. Upon the conclusion of the LESA evaluation, the combined score of these two components was 57.47.7 Only if this score was 60 or less could the DRS process continue. Given the appropriate range of the LESA score, the proposed development proceeded to the Compatibility Assessment Meeting. This stage of the review process provides a public forum for local citizens to voice their specific concerns about the development under consideration.

Following proper notice,8 a Compatibility Assessment Meeting was held on February 28, 2001. At this meeting, which was attended by both the Landowners and other interested citizens, numerous concerns were raised in connection with the proposed development.9 Arcadia, as reflected by the Staff Report prepared by the Commission, agreed to take specific action with regard to seventeen enumerated concerns that were raised at the meeting.10 Because there were six unresolved issues11 that surfaced during the [539]*539meeting, a public hearing was scheduled for May 22, 2001, to address those specific issues.

Within a week of the compatibility meeting, two of the Landowners12 jointly filed two separate appeals with the Zoning Board. In the first appeal, they averred that the Commission and/or the Zoning Administrator miscalculated the LESA score. They argued that if the Ordinance been properly applied with regard to the factors of adjacent development; proximity to schools; public water availability; and public sewer availability, the LESA score would have exceeded the maximum of 60. In a second appeal filed by these same Landowners, they alleged that the data submitted by Arcadia in support of its conditional use permit application was legally insufficient. After consolidating the two appeals, the Zoning Board held a public hearing on these issues on April 19, 2001. The Board, following the presentation of argument, voted to deny the appeal.13 On May 17, 2001, the Board issued Findings of Fact and Conclusions of Law in support of both of its decisions to deny the Landowners’ challenges.14

The public hearing previously scheduled by the Commission to address the unresolved issues15 took place on May 22, 2001. After hearing the proffers of Arcadia pertaining to these issues, the Commission voted 8 to 3 to approve the issuance of the conditional use permit. The Landowners utilized the statutory remedy of applying for a writ of certio-rari 16 to obtain judicial review of the Zoning Board’s decision. Like the Zoning Board, the circuit court consolidated the two appeals for purposes of its review. On February 14, 2002, the lower court issued its decision in which it vacated the Zoning Board’s decision to issue the conditional use permit and remanded the matter to the Commission for further proceedings consistent with the circuit court’s rulings. As support for its ruling, the lower court found error with regard to the underlying administrative determinations concerning the adequacy of the submitted support data and found the method by which the Zoning Administrator measured adjacent development in conjunction with the amenities component of the LESA score to be inconsistent with the Ordinance’s purposes.17 Arcadia appeals from the lower court’s decision to vacate the administrative decision to issue the conditional use permit, a decision that was initially reached by the Commission and subsequently affirmed by the Zoning Board.

II. Standard of Review

As we explained in Webb v. West Virginia Board of Medicine, 212 W.Va. 149, 669 S.E.2d 225 (2002), “[o]n appeal, this Court reviews the decisions of the circuit court under the same standard of judicial review that the lower court was required to apply to the decision of the administrative agency.” Id. at 155, 569 S.E.2d at 231; accord Martin v. Randolph County Bd. of Educ., 195 W.Va. 297, 304, 465 S.E.2d 399, 406 (1995).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jefferson Orchards, Inc. v. Jefferson County Zoning Board of Appeals
693 S.E.2d 781 (West Virginia Supreme Court, 2010)
Rissler v. Jefferson County Board of Zoning Appeals
693 S.E.2d 321 (West Virginia Supreme Court, 2010)
Far Away Farm, LLC v. Jefferson County Board of Zoning Appeals
664 S.E.2d 137 (West Virginia Supreme Court, 2008)
Maplewood Estates Homeowners Ass'n v. Putnam County Planning Commission
629 S.E.2d 778 (West Virginia Supreme Court, 2006)
Thornhill, Inc. v. Nvr, Inc.
422 F. Supp. 2d 646 (N.D. West Virginia, 2006)
Jefferson Utilities, Inc. v. Jefferson County Board of Zoning Appeals
624 S.E.2d 873 (West Virginia Supreme Court, 2005)
Jones v. West Virginia State Board of Education
622 S.E.2d 289 (West Virginia Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
591 S.E.2d 93, 214 W. Va. 535, 2003 W. Va. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corliss-v-jefferson-county-board-of-zoning-appeals-wva-2003.