PARKER v. COUNTY OF MADISON

Record No. 911469.

418 S.E.2d 855 (1992)

Michael J. PARKER, et al. v. The COUNTY OF MADISON, et al.

Supreme Court of Virginia.

June 5, 1992.


Attorney(s) appearing for the Case

John G. Berry (Berry & Early, on briefs), for appellants.

David C. Dickey (J. Thomas Province, on brief), for appellees John D. Zaleski, II and Cynthia Zaleski.

V.R. Shackleford, III, for appellee Madison County.

Present: All the Justices.


COMPTON, Justice.

In this land use case, the sole issue is whether, after amending a subdivision ordinance without making any provision to "grandfather" pending applications, a local governing body may lawfully invoke an unwritten "practice" of applying prior law to a pending application, and thereafter approve a subdivision prohibited by the amendment. We answer that question in the negative and reverse.

The relevant facts are not in dispute. In 1989, appellees...

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