Virginia Supreme Court Denies Petition for Rehearing of Waterfront Plan Lawsuit

The Supreme Court of Virginia on Friday dismissed a petition to rehear Burke v. City Council, the final remaining lawsuit challenging the zoning underlying the City’s Waterfront Plan, according to a news release from the City.

In March, the Court upheld the Alexandria Circuit Court’s dismissal of the case, finding that the Plan had been lawfully adopted by Alexandria City Council. The Court’s most recent action affirms that all pending litigation on the Waterfront Plan has ended. Implementation of the Waterfront Plan continues, and approved and pending redevelopment projects are moving forward.

The plaintiffs protested the City’s rejection of an appeal that would have required at least six of City Council’s seven members to approve the zoning changes instead of the usual four. In March 2013, City Council approved the zoning by a 6-1 “supermajority” vote, which the Court found addressed the plaintiff’s request. As a result, there was no additional relief the Court could provide.

The zoning changes that were the subject of the court case increased the amount of development on the three major “redevelopment parcels” identified by the Waterfront Plan, and permitted up to two hotels of no more than 150 rooms each. One hotel, proposed by Carr Hospitality, was approved in early 2014. A second hotel, proposed as part of the Robinson Terminal North redevelopment, is currently under consideration.