Summary
The Supreme Court of Appeals of West Virginia held that Jefferson County's 2005 amendments to its zoning ordinance were not required to follow a repealed statutory procedure referenced in the ordinance. The court reversed the circuit court's summary judgment invalidating the amendments and remanded for entry of judgment reinstating them. The court did not decide the merits of the amendments' land-use policy or definitively resolve all questions concerning the successor West Virginia Land Use Planning Act.
Holdings
- When a county land-use ordinance concerning amendment procedures relies solely on a statutory scheme later repealed by the Legislature and does not independently restate the required procedures, the ordinance cannot mandate compliance with the repealed statutory procedures.
- The circuit court erred in requiring compliance with the repealed statutory procedure, and the County Commission was entitled to judgment in its favor and reinstatement of the 2005 amendments.
Questions Presented
- Whether the former statutory procedure referenced in Jefferson County Zoning and Land Development Ordinance § 12.2 governed the County Commission's adoption of the 2005 zoning amendments after the Legislature repealed that statutory scheme.
- Whether the County Commission was entitled to reinstatement of the 2005 amendments after following procedures that occurred under the subsequently enacted West Virginia Land Use Planning Act.
Disposition
reversed_and_remanded
Cases Cited (19)
- Aetna Casualty & Surety Co. v. Federal Insurance Co. of New York, 148 W. Va. 160, 133 S.E.2d 770 (1963)(followed)
- Jackson v. Putnam County Board of Education, 221 W. Va. 170, 653 S.E.2d 632 (2007)(followed)
- Mueller v. American Electric Power Energy Services, 214 W. Va. 390, 589 S.E.2d 532 (2003)(followed)
- Southern Electrical Supply v. Raleigh County National Bank, 173 W. Va. 780, 320 S.E.2d 515 (1984)(followed)
- Angelucci v. Fairmont General Hospital, 217 W. Va. 364, 618 S.E.2d 373 (2005)(followed)
- Koffler v. City of Huntington, 196 W. Va. 202, 469 S.E.2d 645 (1996)(followed)
- Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994)(followed)
- Cox v. Amick, 195 W. Va. 608, 466 S.E.2d 459 (1995)(followed)
- Blankenship v. City of Charleston, 223 W. Va. 822, 679 S.E.2d 654 (2009)(followed)
- Flanagan v. Stalnaker, 216 W. Va. 436, 607 S.E.2d 765 (2004)(followed)
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Cited In (0)
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Court Document
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