June 30, 2025: Judge Worrell voids Charlottesville’s zoning code after city’s attorneys failed to file a required document in time
The city is evaluating next steps but can no longer use the new rules
One major goal of Charlottesville Community Engagement is to encourage people to take a pause on June 30 of each year to look back at the previous fiscal year and to ponder what may happen in the next 365 days. New laws and new budgets go into effect at midnight all across Virginia, and I suspect there will be very few making merriment as they did six months ago and as they will six months from now.
I’m Sean Tubbs, and this was going to be a day off but such an event was carried away on the back of a unicorn.
In today’s installment:
Charlottesville Circuit Court Judge Worrell enters an order of default judgment against the city, voiding the new zoning code and putting the old rules back in place
Outside counsel for the city failed to respond to an order from Judge Worrell in a timely fashion
The future of several approved projects is now in question
The president of the Virginia Conference of the American Association of University Professors is calling for an investigation into whether members of the UVA Board of Visitors worked with the Department of Justice to put pressure on President Jim Ryan to resign
First shout-out: Alliance Française de Charlottesville
The Alliance Française de Charlottesville promotes the French language and francophone culture through educational and cultural programs. Visit the Alliance Française website to learn more about group classes, private lessons, cultural events, and social activities for both kids and adults.
Judge Worrell grants default judgement against city, voiding new development code
After nearly a year and a half of processing land use applications under the new Development Code, the City of Charlottesville will have to fall back on older rules after a legal ruling this morning in Charlottesville City Council Court.
A group of property owners filed suit against Charlottesville City Council in January 2024 arguing that the city did not follow Virginia regulations and law when it adopted a new zoning code that increased development rights across the city. After a series of hearings, Circuit Court Judge Claude Worrell ruled in April that the case of White v. Charlottesville could proceed to trial. One has been scheduled for June 2026.
In late December 2024, attorneys with the firm Flora Pettit had filed an amended complaint. In a written order entered into the record on April 30, Judge Worrell made specific instructions.
“Defendant shall file an Answer to the Amended Complaint filed herein within twenty-one days of entry of this order,” reads the order.
However, that response was not filed in time. Attorneys for the plaintiff filed a motion seeking a default judgment on June 2.
“To date, the City has failed to file an Answer and is therefore in default,” reads their motion.
The motion requested four outcomes:
The new zoning ordinance be declared void ab initio, a legal phrase meaning “from the beginning,” because the city did not comply with §15.2-2222.1 and §15.2-2284
The city be prohibited from enforcing the new zoning ordinance
The plaintiffs be awarded attorney fees and costs
The plaintiffs be awarded any other relief
The next day, attorneys for the city filed a motion in response and asked for permission to file a response. They provided evidence that they’ve been working to prepare for the trial. They also admitted fault.
“The City concedes that its outside counsel did not file an Answer in accordance with the Court’s order denying its Demurrer and Plea in Bar,” reads paragraph 13.
Today’s hearing began just after 10 a.m. and lasted less than ten minutes.
Ryan Starks with the firm Gentry Locke pleaded with Judge Worrell to accept a good cause argument because the city has been responsive at every step along the journey since the case was filed.
“The city has been very vigorously defending itself from the outset,” Starks said. “There is no attempt to delay.”
Starks said the city immediately filed a response when the error was brought to their attention. He also added that city residents who support the new development code and are making investments should not be penalized because of a mistake by outside counsel.
Judge Worrell said he could not grant relief to the city. He expressed a lament that the case would not go to trial.
“There are things in this case I thought might be useful about what zoning is and what zoning isn’t,” Worrell said. “It would have been interesting.”
Next steps
In a statement, city officials said they are evaluating their next steps.
“We are working closely with staff to assess any immediate impacts and will provide additional information as appropriate,” said Afton Schneider, the city’s director of communications and public engagement.
Since the Development Code went into effect on February 19, 2024, dozens of plans have been submitted to the Department of Neighborhood Development Service under the new rules.
Under the new rules, one way a project moves forward is through filing a “major development plan.” Only a few have been approved.
There are five units at 1609 Gordon Avenue and a major development review plan was preliminary approved on January 30 for nine units under the Residential Mixed-Use 5 zoning.
Pilgrim Baptist Church at 211 Albemarle Street received permission to add a 1,330 building for a daycare and preschool. The land is under the new Corridor Mixed Use 3 zoning.
A major development plan for the third phase of Kindlewood was approved on March 10, 2025 in time for the project to be submitted to Virginia Housing for Low Income Housing Tax Credits. However, the final site plan is still pending. This phase would consist of five multifamily buildings totalling 85 units including six for sale. Virginia Housing has recommended those credits for this project.
Preservation of Affordable Housing also received approval on March 10, 2025 for a project at 1000 Wertland Street for 180 units in a six story building. Virginia Housing has not recommended funding of credits for this project.
Several projects are still being reviewed under the old zoning rules because sufficient work had been done to vest the previous development rights. These include a 250-unit apartment complex at 1185 Seminole Trail, an 82 unit apartment complex off of Harris Road in the Willoughby neighborhood, and 350 units in a portion of the former Seminole Square Shopping Center.
There will be more stories on this as the week continues. To get up to speed, here are a series of stories I’ve written:
Previous stories:
Circuit Court Judge reduces Charlottesville Comprehensive Plan lawsuit to one count, throws out three others, August 29, 2022
Lawsuit filed seeking voidance of Charlottesville’s new zoning code, January 17, 2024
Charlottesville served with lawsuit seeking voidance of the new zoning code, March 1, 2024
Charlottesville has responded to lawsuit seeking overturning of new zoning code, March 27, 2024
Charlottesville Circuit Court Judge Worrell to take time to decide on court trial for zoning lawsuit, July 7, 2024
Judge strikes down Arlington’s Expanded Housing Option ordinance, October 1, 2024
Written opinion issued in legal ruling that halted Arlington’s missing middle zoning, October 31, 2024
Judge Worrell is ready to rule in lawsuit against Charlottesville’s new Development Code, but allows time for more evidence to be filed, November 16, 2024
Arlington to appeal judicial ruling invalidating middle missing zoning, November 22, 2025
Plaintiffs file amended complaint in case against Charlottesville’s new zoning code, January 15, 2025
Charlottesville responds to new anti-zoning complaint; Plaintiffs call for Judge Worrell to recuse himself, January 30, 2025
Charlottesville responds to new anti-zoning complaint; Plaintiffs call for Judge Worrell to recuse himself, January 30, 2025
Judge Worrell will not step away from lawsuit against Charlottesville’s new zoning, February 8, 2025
Plaintiffs seeking voidance of Charlottesville zoning can move forward, April 19, 2025
City asks Judge Worrell to reconsider April ruling allowing anti-zoning lawsuit to proceed, May 6, 2025
Judge Worrell denies Charlottesville’s motion to reconsider recent ruling, May 8, 2025
New documents filed in lawsuit against the city’s Development Code, June 13, 2025
Virginia Court of Appeals reinstates “missing middle” housing in Arlington County, June 28, 2025
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Second shout-out: Charlottesville Area Tree Stewards seeking applicants for Fall 2025 Training Class
Do you appreciate all of the benefits that trees serve in the environment? If so, the Charlottesville Area Tree Stewards ask that you consider registering to join the Fall 2025 Training Class.
The Fall 2025 class will consist of a combination of online training sessions and field activities with a maximum of 32 students to facilitate the best field training possible. With a 15-week duration beginning August 5 and ending November 15, the online classes will precede the field activities held on every other Saturday at various locations in the Charlottesville area.
Interested? Go to the Charlottesville Area Tree Stewards website to view the complete class description and syllabus and follow the registration to Eventbrite. Questions? There’s a link to more information at the site.
University professors condemn federal pressure that resulted in Ryan resignation
On Friday, University of Virginia President Jim Ryan resigned after officials in the United States Department of Justice demanded that he do so.
Today, the Virginia Conference of the American Association of University Professors sent a letter to the outgoing and incoming rectors of the Board of Visitors to condemn the federal pressure into a state institution.
“VA-AAUP also calls for an investigation on what role, if any, members of UVa’s Board of Visitors may have played in assisting the Department of Justice’s vendetta against President Ryan,” reads the letter written by Dr. Timothy Gibson, an associate professor at George Mason University and president of the group.
Gibson said the demands from the Department of Justice are violations of the independence and integrity of the University of Virginia. He said American democracy depends on academic institutions that are absent from political interference.
“The Trump administration has reportedly been unhappy with James Ryan’s support for the bedrock values of academic freedom, shared governance, diversity, and equal access,” Gibson continued.
Gibson said the role of a Board of Visitors is to protect an institution of higher education from outside influence.
“If UVa Board members indeed assisted in Ryan’s ouster, it would fit an established pattern of willful non-compliance on the part of the Governor and his Board appointees with regard to Virginia state law and the state constitution’s separation of powers,” Gibson said.
That includes an insistence by Attorney General Jason Miyares that Ken Cuccinelli can continue to serve on the Board of Visitors despite a June 9 vote in the Senate Privileges and Elections Committee that failed to confirm his appointment. Gibson called that an example of lawless behavior.
The VA-AAUP letter comes on the heels of a resolution of the UVA Faculty Senate on Friday that condemns the federal pressure and asked members of the Board of Visitors to join them.
“The Faculty Senate calls on the Board of Visitors to meet with the Faculty Senate by July 14 to clarify the circumstances and negotiations that led to the resignation of President Ryan,” reads the resolution.
No such meeting has been scheduled.
I wrote a special edition on Saturday that has also been posted to Information Charlottesville.
Reading material:
Fauquier officials examine cost of aging bus fleet, consider long-term replacement strategy, Grace Schumacher, Fauquier Now, June 27, 2024
Albemarle County seeking public feedback on data center rules, Toby Sherman, WVIR 29 News, June 30, 2025
Roadless Rule rescission could open up Virginia forestland for road development, logging, Shannon Heckt, Virginia Mercury, June 30, 2025
Another seismic day encapsulated in #888
Well. I was going to take today off, but I knew I had to go to the hearing. I’ve been present for all of the hearings in White v. Charlottesville and I suppose I’ll be around for whatever comes next.
This newsletter has been this community’s primary source for information about the development of the new zoning code. I thank everyone who has contributed and encourage anyone who hasn’t done so to consider it.
Two seismic events in three days. I have so many questions. That’s the role of a journalist, or at least how I view it. My reporting will not seek to inflame the conflict but to try to explain. That’s how my personality works. I believe the root of conflict begins when different parties do not know what’s going on. My job as I view it is to get information out that seeks to explain arguments from multiple sides.
I served as an advocate for two years and hated it. I hurt my soul telling people what they should do, what they should think. That is still not the work I want to do.
I will encourage people to try to consider where others are coming from, and to try to think rationally. I get in trouble every single time I act from my emotions rather than stepping back and thinking strategically.
In any case, today’s video is a necessary bit of levity. I love Taskmaster and believe that many of you might as well. This segment is as good an introduction as any, and yes, I do realize I probably belong in England more than I do here but it’s too late to move now.