Sup'rs of Stafford County v. Crucible, Inc.

677 S.E.2d 283, 278 Va. 152
CourtSupreme Court of Virginia
DecidedJune 4, 2009
Docket081743
StatusPublished
Cited by9 cases

This text of 677 S.E.2d 283 (Sup'rs of Stafford County v. Crucible, Inc.) 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
Sup'rs of Stafford County v. Crucible, Inc., 677 S.E.2d 283, 278 Va. 152 (Va. 2009).

Opinion

677 S.E.2d 283 (2009)

BOARD OF SUPERVISORS OF STAFFORD COUNTY, et al.
v.
CRUCIBLE, INC.

Record No. 081743.

Supreme Court of Virginia.

June 4, 2009.

*284 Sharon E. Pandak, Prince William (Brandi A. Law; Greehan, Taves, Pandak & Stoner, on briefs), for appellants.

H. Clark Leming (John E. Tyler, Jr.; Grayson P. Hanes; Leming and Healey, Garrisonville; Reed Smith, Richmond, on brief), for appellee.

Amicus Curiae: Local Government Attorneys of Virginia, Inc. (Phyllis C. Katz, Fredrickburg; L. Lee Byrd; Annemarie DiNardo Cleary, Richmond; Ann Neil Cosby; Sands, Anderson, Marks & Miller, Richmond, on brief), in support of appellants.

Amici Curiae: Virginia Chamber of Commerce; Home Builders Ass'n of Virginia (Arthur E. Schmalz; Jill Marie Dennis; Hunton & Williams, on brief), McLean, in support of appellee.

Present: All the Justices.

OPINION BY Justice S. BERNARD GOODWYN.

In this appeal, we consider whether the circuit court erred in holding that a zoning verification letter constituted a significant affirmative governmental act under Code § 15.2-2307. We also consider whether a party must first seek a vested rights determination from the zoning administrator before seeking such relief from a circuit court.

Crucible, Inc. ("Crucible") filed a complaint in the Circuit Court of Stafford County against the Board of Supervisors of Stafford County, Virginia and Stafford County, Virginia (collectively "the Board"), seeking a declaratory judgment and injunctive relief concerning Crucible's purported vested right to use property it owned in Stafford County. The circuit court overruled the Board's demurrer, *285 which contained an allegation that the circuit court lacked jurisdiction because Crucible failed to exhaust administrative remedies and, after a trial, concluded that Crucible had a vested right in the use of its property. The Board appeals.

FACTS

Crucible operates a security training facility in Stafford County, Virginia and sought to acquire land in order to expand its training facility. Crucible primarily trains government agents and employees in "individual protective measures," including "firearms training," "unarmed combative defensive tactics," "surveillance detection," and "anti-terrorist evasive driving." By letter dated March 3, 2004, Crucible requested a zoning verification for certain property in Stafford County. The property was zoned A-1 (Agricultural), and the zoning verification request included an inquiry into whether the facilities that Crucible proposed to erect on the property met the definition of a "school" under the zoning ordinance; schools could be constructed in A-1 zones on a "by right" basis, i.e., without additional discretionary approval by the County.

In May 2004, a meeting was held for the specific purpose of determining whether Crucible's proposed project and facility met the definition of "school" under the zoning ordinance. The meeting was attended by the zoning administrator, planning staff, and Crucible personnel. Crucible presented documentation concerning the facility, and the zoning administrator posed questions.

In a document titled "Zoning Verification" dated May 11, 2004 (zoning verification letter), the zoning administrator stated that, based on the presentation given, the "facility would be classified a `school' by definition in the Stafford County Zoning Ordinance," and that "[v]erification is valid as of May 11, 2004 and is subject to change." On July 26, 2005, Crucible purchased the property for $2,250,000.

On August 24, 2005, the Board of Supervisors of Stafford County adopted Zoning Ordinance O05-37, requiring a conditional use permit for the location of a school in an A-1 zoning district. After the adoption of Ordinance O05-37, Crucible, which did not have an approved site plan, could no longer operate a school on its property on a "by right" basis, absent a determination that it had a vested right to do so. Without requesting a vested rights determination from the zoning administrator, Crucible filed a declaratory judgment proceeding in the Circuit Court of Stafford County requesting that the court determine whether Crucible had a vested right, pursuant to Code § 15.2-2307, to develop a school on its property on a "by right" basis.

Over the Board's objection, the circuit court held that Crucible was not required to seek a vested rights determination from the zoning administrator before filing a complaint in the circuit court. The circuit court further concluded that considering the terms of Crucible's request, the seriousness with which the County considered the request, and the ultimate finality of the decision, the zoning administrator's zoning verification letter was "substantially similar and equally serious" as the six significant affirmative governmental acts enumerated in Code § 15.2-2307. Thus, it held that the zoning verification letter constituted a significant affirmative governmental act. Finding that Crucible satisfied all the elements set forth in Code § 15.2-2307, the circuit court held that Crucible had a vested right to develop a school on its property on a "by right" basis.

ANALYSIS

The Board argues that the circuit court erred because Crucible was required to seek a vested rights determination from the zoning administrator before seeking relief from the circuit court, and as Crucible failed to do so, the circuit court lacked jurisdiction to consider the case. Crucible argues that it did not have to obtain a "vested rights" determination from the zoning administrator before it could seek relief in the circuit court, because both the zoning administrator and the circuit court have concurrent jurisdiction to make vested rights determinations.

In Holland v. Johnson, 241 Va. 553, 556, 403 S.E.2d 356, 358 (1991), this Court stated that a zoning administrator did not have the *286 statutory authority to make a vested rights determination. Further, we stated, "A vested right in a land use is a property right which is created and protected by law. An adjudication regarding the creation, existence, or termination of that right can be made only by a court of competent jurisdiction." Id. at 556, 403 S.E.2d at 358.

Thereafter, the General Assembly amended former Code § 15.1-491, the predecessor of current Code § 15.2-2286, to grant zoning administrators the authority to make vested rights determinations. See 1993 Acts ch. 672.[1] Thus, the issue of whether a party must seek a vested rights determination from a zoning administrator before seeking relief from a circuit court concerns statutory interpretation; such a holding is subject to de novo review on appeal. See Conyers v. Martial Arts World of Richmond, Inc., 273 Va. 96, 104, 639 S.E.2d 174, 178 (2007).

It is an established principle of statutory interpretation that "[a] statute prescribing a new remedy for an existing right should never be construed to abolish a pre-existing remedy in the absence of express words or necessary implication." Levy v. Davis, 115 Va. 814, 821, 80 S.E. 791, 794 (1914). Further, "`[w]hen a statute gives a new remedy, and contains no negative, express or implied, of the old remedy, the new one provided by it is cumulative, and the party may elect between the two.'" Id. (citations omitted).

Historically, circuit courts have been empowered to make vested rights determinations. See

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Bluebook (online)
677 S.E.2d 283, 278 Va. 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suprs-of-stafford-county-v-crucible-inc-va-2009.