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6.6. SR 03-15-2010
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6.6. SR 03-15-2010
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3/15/2010 4:00:48 PM
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change in zoning to develop the land for such purposes, the <br />owners cannot assert that they have a vested right to a `non- <br />conforming' use of the land for a mobile home subdivision." <br />44 Colo. App. at 283, 616 P.2d at 170. <br />4. Virginia courts would focus not on whether a special use permit <br />was issued, but whether the permittee then filed and pursued <br />approval of a site plan. "We hold that where, as here, a special <br />use permit has been granted under a zoning classification, a <br />bona fide site plan has thereafter been filed and diligently <br />pursued, and substantial expense has been incurred in good <br />faith before a change in zoning, the permittee then has a vested <br />right to the land use described in the use permit and he cannot <br />be deprived of such use by subsequent legislation." Bd. of <br />Supervisors of Fairfax Co. v. Medical Structut~es, Inc., 192 <br />S.E.2d 799, 801 (Va. 1972). <br />17 <br />
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