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ROWLAND v. TOWN COUNCIL OF WARRENTON

Record No. 190580.

842 S.E.2d 398 (2020)

Kathlyn ROWLAND, et al. v. TOWN COUNCIL OF WARRENTON, et al.

Supreme Court of Virginia.

May 28, 2020.

Attorney(s) appearing for the Case

James J. O'Keeffe, IV ( Bradley G. Pollack ; Johnson, Rosen & O'Keeffe, on briefs), for appellants.

Henry Cleaves Day , Warrenton ( John H. Foote , Woodbridge; Heather K. Bardot , Fairfax; Whitson W. Robinson ; Walsh, Colucci, Lubeley & Walsh; Bancroft, McGavin, Horvath & Judkins, on brief), for appellees.

Amicus Curiae: Local Government Attorneys of Virginia, Inc. ( Sterling E. Rives, III , Hanover; Eric A. Gregory ; Francesca Vitale ; Hefty Wiley & Gore, on brief), in support of appellee Town Council of Warrenton.

Present: Lemons, C.J., Goodwyn, Mims, Kelsey, McCullough and Chafin, JJ., and Koontz, S.J.

In this appeal, the primary issue we consider is whether a local government may accept a conditional proffer from a property owner as part of a rezoning application that alters a minimum mixed-use requirement of a zoning district below that specified in the local zoning ordinance.

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