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The reasonable possibility of a rezoning should be taken into consideration in compensating landowners, if there is sufficient evidence of a reasonable probability of rezoning.
The burden of proving a reasonable probability of rezoning rests on the property owner and unless the evidence relating to the likelihood of rezoning in the near future rises to the level of a probability, it is inadmissible.
Instead of building it or dedicating the entire right-of-way when recording a subdivision plat, the developers chose to proceed incrementally, recording separate plats for distinct segments of the roadway avoiding the expense of completing the road, but giving up the indefinite protection offered by Code 15.2-2261(F).
In addition, a landowner has no vested rights in land uses of others, and there is no vested right in a public road.
Defendants proffer of an alleged multi-level hearsay statement does not change this result.
The Court of Appeals erred in ruling that the defendants knowing, intelligent, and voluntary guilty plea waived his right to appeal, and in dismissing the case rather than denying the appeal.
Certain of the instructions given to the jury were in error.
The judgment is reversed, the compensation award is set aside, and the case is remanded for further proceedings. Stuart (ORDER) 08/29/2019 There was no reversible error in the circuit courts entry of judgment for the plaintiff on a jury verdict in a medical malpractice action.
The judgment of the circuit court sustaining the actions of the board is affirmed. If successful on any of these claims, she may recover compensatory damages (including damages for emotional distress) but not punitive damages. City of Fredericksburg 08/15/2019 In a landowners declaratory judgment action on zoning issues, the circuit court did not err in dismissing all of the claims.
The case is remanded to the circuit court for further proceedings consistent with this opinion. A change in the zoning of the property upon its annexation by the city was not void ab initio because it was authorized by the citys zoning ordinance and by the Virginia Code.
They understandably feared that their lives might have been in danger.