Arogas v. Frederick County BZA: Proffer Amendment After the Public Hearing


The Virginia Supreme Court handed down two significant cases on local government law on September 16, 2010. One was a proffered zoning case.

Arogas v. Frederick County BZA deals with a proffer amendment made by the Board of Supervisors at the meeting but after the public hearing, and agreed to in writing by the landowner after the date of the public hearing. The petitioner argued that the proffer amendment was void because it was made after the date of the public hearing and without a new public hearing. The Supreme Court disagreed, saying that Virginia Code section 15.2-2285(C) and its local ordinance counterpart authorizes a governing body to make “appropriate changes or corrections in the [zoning] ordinance or proposed amendment” after the public hearing.

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