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Keywords

plaintiffstatuteappealtrialmotiondeclaratory judgment
plaintiffappealtrialmotiondeclaratory judgment

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W.S. Carnes, Inc. v. Board of Sup’rs of Chesterfield County, 252 Va. 377, 478 S.E.2d 295

Facts

The Home Builders Association of Richmond, Inc. and W.S. Carnes, Inc. filed a motion for declaratory judgment against the Chesterfield County Board of Supervisors and the County Building Official, contesting the validity of two ordinances that imposed a $125 increase in permit fees for new residential construction. The builders argued that the ordinances violated several statutes and the Virginia Constitution. The trial court found that the ordinances were valid and that the fees were necessary for building code enforcement, leading to the appeal.

The Home Builders Association of Richmond, Inc. and W.S. Carnes, Inc. filed a motion for declaratory judgment against the Chesterfield County Board of Supervisors and the County Building Official, contesting the validity of two ordinances that imposed a $125 increase in permit fees for new residential construction.

Issue

The primary issue in this appeal concerns the validity of two ordinances which impose a $125 increase in the fee charged for new residential building permits.

The primary issue in this appeal concerns the validity of two ordinances which impose a $125 increase in the fee charged for new residential building permits.

Rule

A plaintiff has standing to institute a declaratory judgment proceeding if it has a 'justiciable interest' in the subject matter of the proceeding, either in its own right or in a representative capacity.

A plaintiff has standing to institute a declaratory judgment proceeding if it has a 'justiciable interest' in the subject matter of the proceeding, either in its own right or in a representative capacity.

Analysis

The court determined that the Home Builders Association did not have standing because it did not build houses in Chesterfield County and had not paid any building permit fees. The court also found that the ordinances were general laws and did not violate the statutes cited by the builders, as the fees were rationally related to the costs of building code enforcement.

The court determined that the Home Builders Association did not have standing because it did not build houses in Chesterfield County and had not paid any building permit fees.

Conclusion

The Supreme Court affirmed in part and reversed in part the trial court's decision, concluding that the ordinances were valid and that the Association lacked standing to challenge them.

The Supreme Court affirmed in part and reversed in part the trial court's decision, concluding that the ordinances were valid and that the Association lacked standing to challenge them.

Who won?

The County prevailed in the case because the court found that the ordinances were valid and that the Association did not have standing to bring the action.

The County prevailed in the case because the court found that the ordinances were valid and that the Association did not have standing to bring the action.

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