Comments on: HB 1063: BZAs No Longer Defendants on Appeal

By: It’s getting hot in here: Things are getting tough at the BZA | Virginia Local Government Law

Wed, 09 Feb 2011 17:19:33 +0000

[...] 2006. As BZAs were called upon to hear increasingly complex and numerous appeals from zoning administrator determinations, they were given less deference on appeal. 2006 Va. Acts c.446 (amending Virginia Code § 15.2-2314). Since July 1, 2006, BZAs are only given a presumption of correctness on factual determinations, and all legal issues are presented to the circuit court de novo. And, of course, when an appeal goes to circuit court, the BZA gets named as a party. Note: This was amended in 2010 to name necessary parties on appeal, and no longer include the BZA as… [...]

By: Rob Robinson

Rob Robinson — Wed, 24 Mar 2010 13:22:45 +0000

This is a good piece of legislation. Excellent analysis Andrew. My only question is your conclusion that a BZA is a necessary party under current law. The 1983 Virginia Supreme Court case you cite suggests that is so, but in Parker v. Miller, 250 Va. 175 (1995), the Court ruled to invalidate a variance challenged under a writ of certiorari from a BZA even when the BZA had not been named as a party in the lawsuit: “The failure to specifically name the Board as a defendant within the 30-day period did not divest the trial court of jurisdiction because that time period is not a statute of limitations.” This suggests to me that under current law the BZA is not a necessary party in such cases.