VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF CHARLOTTESVILLE
WILLIAM EMORY, Plaintiff,
V.
CITY OF CHARLOTTESVILLE,
and
BURGESS LAND PROPERTIES, INC., and WOOLEN MILL SELF STORAGE, LLC,
Defendants.
Case No. 07-185
BRIEF IN OPPOSITION OF DEFENDANTS' DEMURRERS, PLEAS IN BAR AND SPECIAL PLEAS
Comes now the Plaintiff William Emory, by counsel, and in opposition of the
Defendants' demurrers, pleas in bar and special pleas, represents as follows.
I. STATEMENT OF FACTS
This case concerns the overlay zoning status of the parcels surrounding the
Timberlake-Branham property in the Woolen Mills neighborhood in the City of
Charlottesville, Virginia. The specific issue in this case is whether the historical
protection overlay zoning of certain parcels once part of tax map 56, parcel 40.4 was
removed when the Charlottesville City Council (the "City Council") enacted the 2003
Zoning Ordinance (the "2003 Ordinance"). The background follows.