Sinclair v. New Cingular Wireless PCS, LLC

Albemarle County enacted a zoning ordinance governing construction on slopes within the county. Under the waiver provision of the county code, the planning commission was authorized to grant a waiver from the restrictions otherwise imposed by the ordinance. Kent Sinclair, who owned property in the county, filed a complaint seeking, inter alia, a declaratory judgment that the county exceeded the power delegated to it by the General Assembly in violation of the Dillon Rule because its procedure for considering waiver applications was not authorized by state law. The circuit court granted summary judgment against Sinclair. The Supreme Court reversed the circuit court's judgment that the decision to grant or deny waiver applications may be delegated to the planning commission, as the delegation was legislative in nature and not authorized by state law. Accordingly, in enacting the waiver provision, the county exceeded its authority from the General Assembly in violation of the Dillon Rule and the waiver provision was void. Remanded. View "Sinclair v. New Cingular Wireless PCS, LLC" on Justia Law