CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – Charlottesville Circuit Judge Claude Worrell has set an Aug. 13 hearing date on the city’s motion to reconsider his June 30 summary judgement rendering the 2024 Development Code null and void.
The city filed the motion to reconsider July 11, four days after City Council conveyed the same zoning proposal to the Planning Commission so the city can reinstate the code if the legal proceedings fail. The city contends the state Supreme Court authorizes remedies less harsh than summary judgement against a case when an honest mistake is made.
The law firm defending the city in a suit seeking to overturn the zoning ordinance missed a May 21 filing deadline responding to a plaintiff motion. That led to Judge Worrell’s decision. The judge has set an Aug. 6 deadline for the plaintiffs to respond to this new city motion.
The city has made this motion though a formal written court order has still not been issued, which has been ordered to be crafted by the plaintiff’s legal team. Meanwhile, the city is abiding by the 2024 code until that order is issued.