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Miller v. Highland County

ELR Citation: 37 ELR 20245
Nos. Nos. 062111, 062489, (Va., 09/14/2007)

The court upholds a county's decision approving the construction of 20 wind turbines about 400 feet in height, a height that exceeds the maximum height permitted by the zoning ordinance, as well as an electric generation substation on property that is located in an agricultural zoning district. Two groups of residents challenged the county's approval of the wind farm. One of the challenges was dismissed because the residents failed to name the county board of supervisors as a defendant in their action contesting the board's decision to grant a conditional use permit for the wind farm. The second challenge was dismissed because neighboring landowners may not file a declaratory judgment action contesting a county planning commission's decision that a certain conditional use is in "substantial accord" with that county's comprehensive plan. Only the owner of the property at issue, or the owner's agent, may appeal to the governing body from a substantial accord determination of the planning commission.