After Failure But Not Error: County of Albemarle v. Keswick Club (Keswick II)


The second significant local government law opinion from the Virginia Supreme Court in September was County of Albemarle v. Keswick Club, L.P. (Keswick II).

This opinion addresses what happens after a finding that an assessor has failed to consider and properly reject alternate valuation methods. After such a “failure,” what is the “next step” a trial court must take? What is the burden of the taxpayer at this point? Importantly, such a “failure” is not “error.” There are plenty of Virginia Supreme Court cases describing what happens after “manifest error.” But what happens after this sort of “failure?”

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