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HALE v. BOARD OF ZONING APPEALS, TOWN OF BLACKSBURG

Record Nos. 081000, 081001.

673 S.E.2d 170 (2009)

Edward HALE, et al. v. BOARD OF ZONING APPEALS FOR the TOWN OF BLACKSBURG, et al. Town of Blacksburg, et al. v. Board of Zoning Appeals for the Town of Blacksburg, et al.

Supreme Court of Virginia.

February 27, 2009.

Attorney(s) appearing for the Case

(Philip Carter Strother, Richmond; Audrey J. Burges; Strother Law Offices, on briefs), for appellants Edward Hale, et al. Appellants submitting on briefs.

Gregory J. Haley (Monica Taylor Monday; Kathleen L. Wright, Roanoke; Lawrence S. Spencer, Town Attorney; Gentry Locke Rakes & Moore, on briefs), for appellants Town of Blacksburg, et al.

James K. Cowan, Jr., Blacksburg (Kevin P. Oddo; Joseph M. Rainsbury, Roanoke; C. Richard Cranwell, Vinton; Joseph L. Anthony; LeClairRyan; Cranwell, Moore & Emick; Stott & Anthony, on brief), for appellees.

Amici Curiae: Local Government Attorneys of Virginia, Inc.; Virginia Association of Counties; Virginia Municipal League (Andrew R. McRoberts; Joseph L. Howard, Jr.; Phyllis Audrey Errico; Mark K. Flynn, on brief), in support of appellants.

Present: All the Justices.

OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In these consolidated appeals, the principal issue we consider is whether the circuit court correctly applied Code § 15.2-2307 in finding that the owner/developers of a parcel of real property obtained a vested right to a particular use of the property under a rezoning ordinance subject to their proffers and, thus, are not subject to a subsequent amendment to the locality...

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