Town Prevails in Appeal of Cornerstone Chapel Rezoning Case

On Thursday, the Virginia Supreme Court reversed a decision by the Loudoun County Circuit Court that voided town ordinances that rezoned property owned by , amended the Town Plan to remove a portion of Tolbert Lane, and approved a special exception to allow Cornerstone Chapel to operate a day care center on its property. 

The property is located at the corner of Battlefield Parkway and Sycolin Road, in the southeast sector of Leesburg. The Virginia Supreme Court ruled in a unanimous decision that the town acted pursuant to its statutory authority in rezoning the neighboring property and granting it a special use permit, and there is no evidence that the Town Council’s actions were unreasonable.

The court agreed with the town that a landowner cannot acquire a vested right in a road shown on a town plan. The town's amendment of the town plan was a legislative act that did not require the landowner's consent and was not unreasonable.

Accordingly the Supreme Court reversed the judgment of the circuit court and entered final judgment in favor of the town and Cornerstone Chapel.