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Virginia Law

Code of Virginia

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Code of Virginia
Title 15.2. Counties, Cities and Towns
Chapter 22. Planning, Subdivision of Land and Zoning
10/14/2024

§ 15.2-2208.2. Damages for an enforcement action undertaken by a locality with willful disregard for applicable law.

A. Notwithstanding any other provision of law, general or special, any person against whom an enforcement action is carried out by a locality, of any ordinance or regulation developed pursuant to the authority of the provisions of this chapter, where the enforcement action was based upon a willful disregard for applicable law, regulation, or ordinance, shall be entitled to an award of compensatory damages and to an order remanding the matter to the locality with a direction to carry out any further enforcement in a manner consistent with the law, regulation, or ordinance and may be entitled to reasonable attorney fees and court costs.

B. Any action brought pursuant to this section may be filed with the general district court having jurisdiction of the locality, and the court shall hear and determine the case as soon as practical. Nothing in this section shall be construed to abrogate a claim of qualified immunity.

2023, c. 553.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.