Supreme Court of Virginia, No. 091343, June 10, 2010: (1) Town historic district ordinances in Virginia adopted under the state enabling statute prior to 1997 may create historic districts without landmarks, buildings, or structures. (2) Because Virginia Code Ann. § 15.2-1427(C) bars all non-constitutional challenges to the adoption of municipal ordinances existing in 2000, the appellants cannot today challenge the enactment of the local historic district ordinance in question. (3) Where the appellant’s application for a certificate of appropriateness was denied because his application was incomplete, his claim that the local historic district ordinance is unconstitutionally vague as-applied must be evaluated based on the information required by the ordinance to render an application complete, not whether the Town applied vague criteria to a properly submitted application. Accordingly the claim fails in this case.
Decision available at http://www.courts.state.va.us/opinions/opnscvwp/1091343.pdf.