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JAMES CITY SUP'RS BD. v. WINDMILL MEADOWS

Record No. 130210.

752 S.E.2d 837 (2014)

BOARD OF SUPERVISORS OF JAMES CITY COUNTY, et al. v. WINDMILL MEADOWS, LLC, et al.

Supreme Court of Virginia.

January 10, 2014.

Attorney(s) appearing for the Case

Adam R. Kinsman , Deputy County Attorney ( Leo P. Rogers , County Attorney, on briefs), for appellants.

S. Miles Dumville ( Alison R.W. Toepp ; Reed Smith , on brief), for appellees Windmill Meadows, LLC, HHHunt Corporation, GS Stonehouse Green Land Sub, LLC and Home Builders Association of Virginia.

R. Barrow Blackwell ( Paul W. Gerhardt ; Christopher T. Page ; Kaufman & Canoles, on brief), for appellee Williamsburg Landing, Inc.

Amici Curiae: Local Government Attorneys of Virginia, Inc., Virginia Association of Counties, Virginia Municipal League ( Sharon E. Pandak ; Andrew A. Gore ; Greehan, Taves, Pandak & Stoner, on brief), in support of appellants.

Amicus Curiae: Virginia Association of Realtors ( John G. Dicks, III ; Blake Brian Hegeman ; FutureLaw, on brief), in support of appellees.

Present: KINSER, C.J., GOODWYN, MILLETTE, MIMS, McCLANAHAN, and POWELL, JJ., and KOONTZ, S.J.

Opinion by Senior Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we address the construction and application of a statute by a circuit court in ruling upon cross-motions for summary judgment in a declaratory judgment action. In such cases, we review de novo both the construction of the relevant statute, Newberry Station Homeowners Ass'n v. Bd. of Supervisors, 285 Va. 604, 611, 740 S.E.2d 548

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