The following piece is based on data and correspondence supplied by citizen Ken Dufty of Wardtown. This column reflects publicly available information and established land use case law. It is not intended as legal advice.
In the often-contentious world of land use and development, there is one principle that Virginia courts have made abundantly clear: local decisions must align with the Comprehensive Plan. Not “may.” Not “should.” But must.
Two recent legal cases underscore this point and offer a cautionary lens through which to view current development proposals in Northampton County and the Town of Exmore.
In the 2024 case Axios v. Northampton County, plaintiffs Bill Parr and Angelo Manuel challenged the County’s denial of a Special Use Permit that would have allowed high-density tourist cottages in a rural area. The County’s position—argued by Commonwealth’s Attorney Bev Leatherbury—rested heavily on precedent established in Stafford County v. D.R. Horton (2021).
That earlier case involved a proposed high-density cluster development in Stafford County. The developer argued that the project did not require a formal Comprehensive Plan compliance review, even though key aspects of the proposal were not reflected in the County’s adopted plan. A circuit court initially sided with the developer, ordering permits to be issued.
But the Virginia Supreme Court saw it differently.
The high court reversed that decision, emphasizing that developments must be evaluated for consistency with the Comprehensive Plan. The case was remanded so the Planning Commission could determine whether the project aligned with the plan’s vision—a process known as a Comprehensive Plan Compliance Review.
That same principle carried the day in Axios. In that case, oral testimony—including my own—was entered into the record and presented before Judge Revell Lewis. The argument was straightforward: the proposed tourist cottages exceeded density limitations outlined in both the 2009 and 2020 Northampton County Comprehensive Plans.
The court agreed. The denial of the permit was upheld.
These are not isolated rulings. They are part of a consistent body of case law from Virginia’s appellate courts affirming that local governments are bound by their Comprehensive Plans. These plans are not mere suggestions or aspirational documents—they are the legal backbone of land use decision-making.
Which brings us to the present.
A proposed Planned Unit Development (PUD) associated with Atlantic Town Center has been submitted for consideration in Exmore. Yet, upon review of the Town’s 2015 Comprehensive Plan, there appears to be no mention of Planned Unit Developments as a contemplated land use tool.
That absence is significant.
If a development type is not envisioned in the Comprehensive Plan, it raises a fundamental question: how can it be deemed consistent with that plan? And if it cannot meet that standard, how can it pass a Comprehensive Plan Compliance Review?
These are not abstract legal questions. They go to the heart of orderly growth, community expectations, and the rule of law in land use planning.
To be clear, this is not an argument against development. Growth is both inevitable and, when done thoughtfully, beneficial. But it must occur within the framework established by duly adopted plans—or those plans must first be amended through a transparent public process.
Anything less risks undermining the very foundation of local governance.
The lesson from Stafford and Axios is simple: when localities stray from their Comprehensive Plans, the courts will not hesitate to correct course.
As discussions around new developments continue, both elected officials and citizens would do well to remember that the Comprehensive Plan is not just a document—it is a commitment.
About the Author
This is the Eastern Shore of Virginia, the officials do what they want around here. They hope no one questions it so they can just do wtf they want. The land use agreement for Myrtle Landing has gone completely ignored by the town of Cape Charles. It does in fact state that MAINTENANCE MUST BE KEPT UP, AND THAT IS NOT HAPPENING!
I’ll be contacting the lenders next!
Cheryl, you’re close, but this is the Eastern Shore of Virginia, actually the Developers get their way around here.
They “per$uade” the officials to do their bidding..
When official courthouse documents are denied, that is flat out CORRUPTION. I guess they need to get paid off so they can afford to live here. Still waiting to see what their development team has in store for the Myrtle Landing property. I can’t decide if they want to build a $$$$ highrise condo situation here or a new welcome center since the current one gets no attention.
If these issues aren’t addressed here, I give this place 5 years or less before it too is condemned. Mark my words, you’ll see! It may already be too late.
Cherri, that $$$$ HighRise will be put to shame by the multimillion Casino in the work$ to replace the Concrete Plant. Rumor is that any news is being supressed at this time. Perhaps waiting for the proper political $tars to align.
By the way, corruption is not that unheard of in these circumstances
Town employees know we know about their corruption and they know how to cover it up. Have you ever seen the volumes of FOIA requests that go through this town? One of the employees was brazen enough to allegedly steal our money – and nobody did a damn thing about it.
Basically, there are two choices for people trying to get things done in Cape Charles:
a) get fed up by the “good ole boy network” and go around shooting your mouth off like me. Problem is, nothing will happen.
or
b) start building screen porches for town council members
I love Cape Charles but it STINKS and you have no further to look than your closest golf course for the source of the smell.