Argos Properties II, LLC v. City Council for Virginia Beach

A developer filed a lawsuit in Virginia state court asserting that the Virginia Beach City Council unlawfully denied its application for a proposed rezoning of a 50-acre property for residential development on the grounds that the developer failed to provide a stormwater analysis that accounted for 1.5 foot sea level rise and based on other flooding concerns. The developer asserted that the defendants’ actions were arbitrary and capricious and ultra vires and that the defendants had imposed conditions on its rezoning application that violated its Equal Protection rights.