In a unanimous decision on March 3, the Virginia Supreme Court overturned a Loudoun County Circuit Court decision and opened the door to development in previously zoned rural districts.

The Loudoun County Circuit Court, in the Gas Mart Corporation, et al. v. Board of County Supervisors of Loudoun County, et al, zoned properties in AR-1 and AR-2, a rural designation. Now, those properties are vulnerable to wider development.

In January 2003, the previous Board of Supervisors of Loudoun County, asked the Virginia Supreme Court to shield the region from rampant development. The court "enacted comprehensive amendments to the Loudoun County Zoning Ordinance and Zoning Map (ZOA)." The Court's finding was written by Senior Justice Roscoe B. Stephenson, Jr. and was known as the Conservation Design Policy.

The amendments heavily restricted development in the AR-1, AR-2, JLMA and Transitional Residential zoning districts.

Within one month of this decision more than 200 lawsuits had been filed against the county challenging the ZOA.

"These districts," read Stephenson's opinion, "encompass approximately two-thirds of the area of the County. The notices state that 'most of' the existing A-3, A-10, and CR properties 'in the western portion of the County' would be re-designated to either AR-1 or AR-2 zoning districts."

The recent decision by the Virginia Supreme Court upheld most of Circuit Judge Thomas D. Horne's ruling, but overturned his decision based on two aspects of the case.

The Court found that Notices supplied to the public by the Board of Supervisors failed to satisfy the "descriptive summary" requirement of Code §15.2-2204(A), and public hearing notices posted by the Board failed to state specific geographical "boundaries or landmarks that would have allowed the public to ascertain the areas that would be affected by these amendments."

The Court's ruling means that areas re-designated into the AR-1 and AR-2 districts in the "Conservation Design Policies" adopted by Loudoun County in January 2003 are now remanded back to their original zoning category.