Jan 14, 2014
Virginia Supreme Court sides with VAR in important proffer case
14 Jan 2014
Posted by Andrew Kantor
VAR has received great news regarding a Virginia Supreme Court case the VAR Strategic Funding Committee supported with Legal Action Funds.
VAR’s Strategic Funding Committee administers the Legal Action and Issues Mobilization funds to address issues, conflicts, or disputes involving property or development rights, zoning and land use issues, or other actions or policies that adversely affect the business of real estate.
At the request of the Williamsburg Area Association of REALTORS® and Home Builders Association of Virginia (HBAV), VAR filed an amicus curiae (“friend of the Court”) brief in the Virginia Supreme Court for the case Board of Supervisors of James City County, et al v. Windmill Meadows, LLC, et al.
The case centered on VAR and HBAV-supported legislation that creates flexibility regarding the payment by developers of cash proffers to localities. Cash proffers are sometimes required by local governments to offset the capital facilities costs of proposed developments. These proffers can affect the costs of homes. VAR recognized that the outcome of this case would set a precedent for all local governments authorized to impose proffers. Therefore, VAR’s Strategic Funding Committee and board of directors sprang into action.
The court sided with VAR and HBAV regarding the retroactive nature of the cash proffer law. The court also awarded attorneys’ fees to several of the developers/home builders, which will hopefully check actions by counties in the future that may impair private property and development rights.
This is a huge win that validates VAR’s position and Legal Action Fund dollars. It is also an example of how your dues positively affect the outcome of critical issues in Virginia.