CHERRYSTONE INLET v. BD. OF ZONING APPEALS

Record No. 051699.

628 S.E.2d 324 (2006)

271 Va. 670

CHERRYSTONE INLET, LLC v. BOARD OF ZONING APPEALS OF NORTHAMPTON COUNTY, et al.

Supreme Court of Virginia.

April 21, 2006.


Attorney(s) appearing for the Case

Hunter W. Sims, Jr. (Marina Liacouras Phillips; R. Johan Conrod, Jr., Norfolk: Kaufman & Canoles, on briefs), for appellant.

Bruce D. Jones, Jr., County Attorney (Beverly Powell Leatherbury, Assistant County Attorney, on brief), for appellees.

Amicus Curiae: The Chesapeake Bay Foundation, Inc. (Jeffrey H. Geiger, Richmond; Joseph J. Tannery; Sands Anderson Marks & Miller, on brief), in support of appellees.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and RUSSELL, S.J.


RUSSELL, Senior Justice.

This appeal presents the question whether a Board of Zoning Appeals properly denied variances, sought by a property owner, where overlapping setback lines imposed by the zoning ordinance precluded the erection of any residential structures on property located in a residential district.

Facts and Proceedings

The essential facts are undisputed. By deed dated January 9, 2004, Cherrystone Inlet, LLC, (Cherrystone) acquired...

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