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The Climate Litigation Database
Litigation

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

Date
2018
Geography
Virginia
Part of
Argos Properties II, LLC v. City Council for Virginia Beach

About this case

Filing year
2018
Status
Petition dismissed with prejudice.
Geography
Docket number
CL18002289-00
Court/admin entity
United States → State Courts → Va. Cir. Ct.
Case category
Adaptation → Challenges to adaptation measures
Principal law
United States → Fourteenth Amendment—Equal Protection
At issue
Developer's lawsuit challenging City of Virginia Beach's denial of application to rezone property for residential development on the grounds that the developer failed to account for sea level rise in its stormwater analysis.

Documents

Filing Date
Type
Action Taken
Document
Summary
05/17/2018
Petition
Petition for review and complaint filed.
View
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.

Summary

Developer's lawsuit challenging City of Virginia Beach's denial of application to rezone property for residential development on the grounds that the developer failed to account for sea level rise in its stormwater analysis.