Virginia
How Fasano v. Board of County Commissioners applies in Virginia: state-specific rules, key cases, and bar exam notes for Land Use and Zoning.
Virginia recognizes the importance of land use decisions requiring a rational basis. Local zoning boards must ensure that their decisions comply with the comprehensive plan and that they promote the welfare of the community.
In Virginia, local governing bodies must demonstrate that zoning changes align with the community's comprehensive plan and are justified by a preponderance of evidence that supports the change.
The court held that a zoning change must align with the existing comprehensive plan and consider public welfare.
Zoning board decisions are upheld if they are not arbitrary and serve a legitimate public purpose.
The court found that comprehensive plans guide zoning decisions; deviations require substantial justification.
Virginia's approach aligns with federal principles under the substantive due process test, requiring that land use decisions cannot be arbitrary or capricious. However, Virginia emphasizes the need for alignment with a community’s comprehensive plan more explicitly than many federal rulings.
Understanding the application of Fasano principles is crucial for Virginia bar examinees, particularly in addressing land use and zoning issues that reflect rational government decision-making.