Boasso America Corp. v. Zoning Administrator of the City of Chesapeake

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Boasso American Corporation appealed an adverse decision by the Zoning Administrator for the City of Chesapeake to the Board of Zoning Appeals. The Board affirmed. Boasso then filed a petition for writ of certiorari. The Zoning Administrator moved to dismiss on the ground that Boasso had failed to name or serve the City Council for the City of Chesapeake, a necessary party by statute. Boasso then sought leave to amend to include the City Council and the City Attorney. The Acting City Clerk, on behalf of the Mayor, moved to quash service of process and filed a plea in bar arguing that Boasso’s failure to name or serve the City Council within thirty days of the Board’s decision was fatal to the petition. The circuit court dismissed Boasso’s petition with prejudice. The Supreme Court affirmed, holding (1) a litigant who appeals the judgment of a board of zoning appeals under Va. Code 15.2-2314 must identify the governing body as a necessary party in the petition and must do so within thirty days of the board’s final decision; and (2) if those requirements are not met, the circuit court lacks the discretion to permit amendment of the petition and, if asked, must dismiss the case for lack of a necessary party. View "Boasso America Corp. v. Zoning Administrator of the City of Chesapeake" on Justia Law