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The Climate Litigation Database

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

About this case

Filing year
2018
Status
Petition dismissed with prejudice.
Docket number
CL18002289-00
Court/admin entity
United StatesState CourtsVirginia Circuit Court (Va. Cir. Ct.)
Case category
Adaptation (US)Challenges to adaptation measures (US)
Principal law
United StatesFourteenth Amendment—Equal ProtectionUnited StatesVirginia Planning, Subdivision of Land and Zoning Law
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.
Topics
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Documents

Filing Date
Document
Type
Topics 
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Search results
05/17/2018
Petition for review and complaint filed.
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.
Petition

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.

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Group
Topics
Policy instrument
Risk
Economic sector
Adaptation/resilience
Finance