The Virginia Supreme Court ruled Friday in favor of the town of Blacksburg, requiring a big-box anchor store in the First and Main development, widely rumored to be a Wal-Mart, to apply for a special use permit.
Related: PDF of ruling
The decision is a reversal of the Circuit Court ruling, which ruled the developers, Fairmount Properties, had the vested right to a permissible use of property against any future attempt to make the use impermissible by amendment of the zoning ordinance.
However, the Virginia Supreme Court ruled the developers left flexibility in their proposal. Therefore, they did not adequately "specify use" of the property.
The ruling went against a precedent set in 2003 in Suffolk.
Mayor Ron Rordam said in a statement, "The decision today by the Supreme Court is a re-affirmation of locality's rights to enforce their zoning ordinances. It is significant not only for the town of Blacksburg, but for all Virginia localities."
Vice Mayor Leslie Hager-Smith said she hopes to continue the discussion over the project in a more sensible fashion.
"This won't be the end of the public dialogue, but it has certainly helped to moderate its tone," Hager-Smith said.
Hager-Smith said both sides of the issue have been unfairly portrayed throughout the process, hindering the process of planning a development.
The big-box store was planned as 186,000 square feet of retail space.
Since the developers at Fairmount Properties wish to use the property for more than 80,000 square feet of open retail floor space, they must now apply for a special use permit with the town of Blacksburg.
Once again in the hands the town, the project is still a positive to Rordam.
"We look forward to working with the land owners to help them achieve their vision of a quality, mixed-use development," Rordam said.
Hager-Smith said she is still receptive to the developers' ideas and even to big box developments.
"I feel certain First and Main has a bright future," Hager-Smith said. "I could certainly consider a big box in town limits that was not on a side street, in a residential neighborhood, next to an elementary school. And, I'll work with those who respect the town's stated development goals."
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"The ruling went against a precedent set in 2003 in Suffolk." Really, how so? Quoting from the recent opinion, "while aspects of the discussion in City of Suffolk are instructive for interpreting Code § 15.2-2307, the decision in that case is not dispositive of the issue raised in this appeal with respect to that statute."
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