TOWN OF ROCKY MT. v. SOUTHSIDE INVESTORS

Record No. 962021.

487 S.E.2d 855 (1997)

TOWN OF ROCKY MOUNT v. SOUTHSIDE INVESTORS, INC.

Supreme Court of Virginia.

June 6, 1997.


Attorney(s) appearing for the Case

John T. Boitnott (Carolyn H. Furrow, on brief), Rocky Mount, for appellant.

Michaux Raine, III (Raine & Perdue, on brief), Rocky Mount, for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, LACY, HASSELL and KEENAN, JJ., and POFF, Senior Justice.


KEENAN, Justice.

The sole issue in this appeal is whether a landowner acquired a vested right to build townhouses on its property before a zoning ordinance was amended to require a special use permit for such development.

Southside Investors, Inc. (Southside), initiated an action against the Town of Rocky Mount, challenging a 1995 amendment to the Town's zoning ordinance. The trial court heard the following evidence in a bench trial.

In July 1985,...

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