Chilton-Belloni v. City of Staunton, 121720 VASC, 201014

• Party Name: DEBRA CHILTON-BELLONI v. CITY OF STAUNTON, ET AL.
• Attorney: Mark D. Obenshain and Justin M. Wolcott (Obenshain Law Group) for appellant. Victor M. Santos (Nelson, McPherson, Summers & Santos, L.C.) for appellees.
• Case Date: December 17, 2020
• Court: Virginia Supreme Court

DEBRA CHILTON-BELLONI

v.

CITY OF STAUNTON, ET AL.

No. 201014

Supreme Court of Virginia

December 17, 2020

From The Circuit Court of the City of Staunton; P. Dryer, Judge.

Mark D. Obenshain and Justin M. Wolcott (Obenshain Law Group) for appellant.

Victor M. Santos (Nelson, McPherson, Summers & Santos, L.C.) for appellees.

GRANTED APPEAL SUMMARY

Assignments of Error

I. The trial court erred in finding that the Uncodified Act did not apply to the wall at issue in this case and in denying Ms. Chilton-Belloni's Motion to Dismiss because the City's Appeal should have been dismissed as moot.

II. The trial court erred in concluding that the hardships imposed upon Ms. Chilton-Belloni by the strict application of the Zoning Ordinances were inadequate to support the award of a variance. In making that ruling, the trial court applied a definition of undue hardship that required a hardship "approaching confiscation" which definition was amended and removed from the Code of Virginia in 2009, long before the variance application that is the subject of this appeal.

III. The trial court erred in concluding that the BZA failed to make specific findings, as the record as a whole reflects the basis of the BZA's ruling and suffices to support it.