Loudoun's
Environmental Overlay Districts were nullified on March 30 by
the County's Circuit Court Judge, Thomas D. Horne. His ruling,
released on March 31, ratified the contentions of the nearly
200 landowners who comprised a consolidated land-use lawsuit
against the County, stating:
"[In this] case, there was no [public] statement as to
the purpose of the amendment or the impact of such amendment
upon the density or use of the properties subject to the ordinance
amendments. ... The overlay districts impose significant restrictions
on the use and development of land. ... Such amendments are
void ab inito [(from the beginning)], and of no legal efficacy.
... An injunction will be issued prohibiting the Respondents
from enforcing the provisions of the ZOA relating to the RSCOD
[River and Stream Corridor Overlay District], MDOD [Mountainside
Development Overlay District], and LOD [Limestone Conglomerate
Overlay District]."
It is not yet clear
as to how related requirements in the Facilities Standards
Manual (FSM) will be implemented, and if we will return to
the pre-RSCOD floodplain ordinance. The fate of the AR-1,
AR-2 and RC Zoning Amendments and two other contested issues
involving Vesting and Route 15 corridor setbacks are also
still to be determined.
In the Court's
35-page ruling, it agreed to hear further evidence regarding
the zoning issues. The Court did not make any rulings regarding
the Route 15 corridor setbacks, but it did grant permission
for those Complainants to replead their cases. With regard
to Vesting issues, the Court directed that those concerned
parties would have to exhaust all administrative means to
settle those disputes before seeking a judicial ruling.
