Deerfield v. City of Hampton

724 S.E.2d 724, 283 Va. 759, 2012 WL 1377341, 2012 Va. LEXIS 91
CourtSupreme Court of Virginia
DecidedApril 20, 2012
Docket111144
StatusPublished
Cited by12 cases

This text of 724 S.E.2d 724 (Deerfield v. City of Hampton) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deerfield v. City of Hampton, 724 S.E.2d 724, 283 Va. 759, 2012 WL 1377341, 2012 Va. LEXIS 91 (Va. 2012).

Opinion

724 S.E.2d 724 (2012)
283 Va. 759

Eddie DEERFIELD, et al.
v.
CITY OF HAMPTON, et al.

Record No. 111144. No. 111144.

Supreme Court of Virginia.

April 20, 2012.

Andrew M. Sacks (Stanley E. Sacks, Norfolk; William F. O'Mara, Jr.; Sacks & Sacks, on briefs), for appellants.

Andrew R. McRoberts, Richmond (Sands Anderson, on brief), for appellee, City of Hampton.

(Michael B. Ware; Joseph F. Verser, Newport News; Schempf & Ware; Heath Law, on brief), for appellee POH 2010 LLC.

*725 Amicus Curiae, Virginia Municipal League (Mark K. Flynn; Howard W. Dobbins, Richmond; Williams Mullen, on brief), in support of appellee City of Hampton.

Amicus Curiae Virginia Association of Realtors (John G. Dicks, III; Blake Brian Hegeman; FutureLaw, on brief), in support of appellees.

Present: All the Justices.

OPINION BY ELIZABETH A. McCLANAHAN.

The dispositive issue in this appeal is whether appellants, Eddie Deerfield, Joan Charles, Sandra Canepa, Shirley Gellis, and Mary Ashley, comprising the Committee of Petitioners of the Buckroe Beach Bayfront Park Petition (the "Committee"), had standing under the City of Hampton Charter (the "City Charter") to institute the instant declaratory judgment action against appellees, the City of Hampton (the "City") and POH 2010 LLC ("POH"). In its complaint, the Committee sought an order (i) declaring that POH's proposed development of a certain residential subdivision located in the City was unlawful, and (ii) enjoining such development. We conclude the Committee lacked standing to bring this action based on the limited authority granted to the Committee by the City Charter. The City Charter, under its referendum provisions, restricted the Committee's activities to pursuing a petition to repeal a newly enacted City zoning ordinance permitting the proposed development. For that reason, we will affirm the judgment of the circuit court dismissing the Committee's complaint.

BACKGROUND

The Committee filed suit for declaratory judgment against the City and POH in the Circuit Court for the City of Hampton, pursuant to Code §§ 8.01-184 and -186. As alleged in its complaint, the Committee's dispute with the City and POH arose over actions of the City to allow POH to develop a residential subdivision on certain property located in the Buckroe Beach area of the City (the "Buckroe Beach Property"). Initially, the Buckroe Beach Property was not zoned for such development. On June 10, 2009, however, the Hampton City Council (the "City Council") approved an ordinance that rezoned the Buckroe Beach Property to a classification which permitted POH's proposed development of the property.

As the Committee further alleged, in response to passage of this ordinance the Committee was established, pursuant to the City Charter, to circulate and file a petition for a referendum on the ordinance. The Committee subsequently obtained the signatures of the requisite number of qualified voters and, on July 8, 2009, timely filed the petition with the City requesting, pursuant to the City Charter, (a) that the City Council repeal the ordinance, or (b) that a City-wide referendum on the ordinance be conducted if the City Council did not repeal the ordinance. On August 12, 2009, "as a direct result" of the Committee's petition, the City Council repealed the ordinance, which had been approved "as a predicate to the development and construction of the Buckroe Beach Property by POH 2010 LLC, and restored the property to the preceding zoning classification that did not permit or authorize such development and construction."

Nevertheless, as alleged by the Committee, POH, with the City's assent, "manifested a present and actual intention" to proceed with the development of the Buckroe Beach Property in violation of the City's existing zoning ordinances and, in particular, "the rezoning effected by the [Committee's] [p]etition." The Committee then concluded by alleging that "there exists an actual antagonistic assertion of right by the [Committee] and the citizens whom [it] represent[s] and a denial of that right" by the City and POH. In its request for relief, the Committee accordingly asked for a declaration that the actions of the City and POH in furtherance of the subject development of the Buckroe Beach Property were "unauthorized and unlawful," and for enjoinment of the development.

The City and POH filed various defensive pleadings to the Committee's suit for declaratory judgment, including demurrers based on the Committee's alleged lack of standing, and, in the alternative, pleas in bar based on the Committee's alleged failure to exhaust *726 administrative remedies prior to filing this action. In the demurrers addressing standing, the City and POH asserted, among other things, that the Committee failed to allege any facts showing that it had "a `right' asserted and denied related to the development of the [Buckroe Beach] Property, justifying standing to adjudicate such a right" in a declaratory judgment action brought under Code §§ 8.01-184 and -186. As to the pleas in bar, the City and POH asserted that the City's zoning administrator decided in a "Vested Rights Determination" issued on September 10, 2009, that POH had a vested right to develop the Buckroe Beach Property "despite the repeal of the now-former zoning ordinance"; and that the Committee failed to appeal that determination. Thus, according to the City and POH, the Vested Rights Determination became final, and was not subject to collateral attack by the filing of the instant action.

In a hearing on their defensive pleadings, the City and POH presented evidence regarding the City administrator's Vested Rights Determination in favor of POH, including the Committee's failure to appeal the determination. The circuit court subsequently issued a letter opinion holding that the Committee had standing to file the instant action, but that it did not exhaust its administrative remedies when it failed to appeal the City administrator's Vested Rights Determination "in order to gain access to circuit court jurisdiction." Accordingly, the circuit court entered final judgment dismissing the Committee's complaint in this case.

ANALYSIS

We awarded the Committee this appeal on the issue whether the circuit court erred in holding, upon the City's and POH's pleas in bar, that this declaratory judgment action was barred because of the Committee's purported failure to exhaust administrative remedies before availing itself of the court's jurisdiction. We also awarded the City an appeal on its assignment of cross-error on the issue whether the circuit court erred when it denied the City's and POH's demurrers and held that the Committee had standing under the City Charter to file this action. Because we conclude this assignment of cross-error is dispositive, we do not address the Committee's assignment of error or the City's other assignment of cross-error asserting the circuit court erred in not dismissing this action as moot in light of the Vested Rights Determination.

The threshold issue whether the Committee had standing to seek declaratory judgment upon the allegations in its complaint, as raised by the City's and POH's demurrers, is an issue of law subject to de novo review on appeal. Virginia Marine Res. Comm'n v. Clark, 281 Va. 679, 686-87, 709 S.E.2d 150, 154-55 (2011); Philip Morris USA Inc. v. Chesapeake Bay Found., Inc., 273 Va. 564, 572, 643 S.E.2d 219, 223 (2007);

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Cite This Page — Counsel Stack

Bluebook (online)
724 S.E.2d 724, 283 Va. 759, 2012 WL 1377341, 2012 Va. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deerfield-v-city-of-hampton-va-2012.