Historic Alexandria Foundation v. City of Alexandria

Historic Alexandria Foundation · Supreme Court of Virginia · May 27, 2021 · No. 200195

Summary

The Supreme Court of Virginia affirmed the dismissal of the Historic Alexandria Foundation’s challenge to the City Council of Alexandria’s approval of renovations to a historic property. The Court held that the Foundation failed to allege particularized harm distinguishing it from the general public and therefore lacked standing as an “aggrieved” party under Alexandria Zoning Ordinance § 10-107(B).

Holdings

  1. The Foundation lacked standing because it failed to allege that it suffered a particularized harm resulting from the City Council's decision that differed from the harm suffered by the public generally.
  2. The circuit court properly sustained the demurrers and dismissed the Foundation's petition because the pleading did not establish a legal basis for standing.

Questions Presented

  1. Whether the Foundation had standing as an aggrieved party to appeal the City Council's land-use decision under Alexandria Zoning Ordinance § 10-107(B).
  2. Whether the Foundation's petition adequately alleged a particularized injury distinct from that suffered by the public generally.
  3. Whether the circuit court properly sustained the demurrers and dismissed the petition with prejudice.

Disposition

affirmed

Cases Cited (7)

  • Friends of the Rappahannock v. Caroline Cnty. Bd. of Supervisors, 286 Va. 38 (2013)(followed)
  • Virginia Beach Beautification Comm'n v. Board of Zoning Appeals, 231 Va. 415 (1986)(followed)
  • EMAC, L.L.C. v. County of Hanover, 291 Va. 13, 20 (2016)(followed)
  • Eagle Harbor, L.L.C. v. Isle of Wight County, 271 Va. 603, 611 (2006)(followed)
  • Hubbard v. Dresser, Inc., 271 Va. 117, 119 (2006)(followed)
  • Nicholas v. Lawrence, 161 Va. 589, 593 (1933)(followed)
  • Virginia Marine Res. Comm'n v. Clark, 281 Va. 679, 687 (2011)(followed)

Cited In (0)

No citing cases on record yet.

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