Update (10:08 a.m.): Links to the amended answer itself have been added to this notice.
ORANGE COUNTY, VA — On September 29, the Orange County Board of Supervisors adopted a resolution acknowledging that ZTA 18-05, which established the Planned Development–Mixed Use (PDM) Zoning District, was not initiated in the manner required by Virginia Code § 15.2-2286(A)(7). The Board directed the County Attorney and County staff to take related action consistent with applicable law and the pending court proceedings. The resolution addresses the initiation of the zoning text amendment. It does not repeal or amend the PDM zoning provisions, determine the validity of a later rezoning or other land use action, or decide the rights of any property owner or applicant. Those questions remain subject to applicable law and the pending litigation.
The County has also submitted a motion seeking leave to amend its answer in that litigation. The accompanying proposed amended answer acknowledges the initiation defect identified in the Board’s resolution and states that the County will not oppose adjudication of the claims that remain pending. The proposed answer withdraws the County’s prior opposition to adjudication of the surviving claims and the affirmative defenses and requests for dismissal that supported that opposition. Apart from its limited admission that ZTA 18-05 was not initiated in the manner required by Virginia law, the proposed answer does not admit the plaintiffs’ factual allegations concerning the surviving claims or concede that any particular remedy is warranted. The court will determine the disputed facts and any relief available under applicable law.
The County has asked the court to decide the surviving claims and any legally available relief under applicable law, the properly admitted record, and the court’s prior rulings. The proposed amended answer would supersede the County’s earlier answer only if the court grants leave to amend. The County does not speak for the other parties or their positions in the litigation.
The Board recognizes the importance of this matter to the community and will continue to address it through the appropriate public and judicial processes. Because the case remains pending, the Board will not speculate about the outcome.
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