Prince William Board of County Supervisors, et al. v. Henry Archie, Jr.

Summary

The Supreme Court of Virginia considered whether an automobile graveyard on a parcel in Prince William County qualified as a lawful nonconforming use. The Court held that the use had not been discontinued for the two-year period required by the county zoning ordinance, despite a change in ownership and the absence of permission for the continued storage of vehicles. The Court affirmed the circuit court’s reversal of the Board of Zoning Appeals’ decision.

Holdings

1. Ownership of the property and the user's lack of permission or legal right to use it do not determine whether the property's lawful nonconforming-use status continued; under the County Code, that status adheres to the use of the land rather than to the owner, tenant, or holder of legal title.
2. The lawful nonconforming use of Parcel 20A was not discontinued because the evidence supported the circuit court's finding that the parcel continuously contained an automobile graveyard; the use would terminate under the County Code only if fewer than five inoperative motor vehicles occupied the property for at least two years.

Questions Presented

1. Whether the lawful nonconforming automobile-graveyard use of Parcel 20A was terminated because Archie did not own the property or have permission to use it during the period from 1987 to 1992.
2. Whether the nonconforming use was discontinued for at least two years when the property owner, Land Management Groupe, Inc., did not itself place junk vehicles or parts on the property.

Disposition

affirmed