From the opinion of the Supreme Court of Virginia, February 27, 2009:

"For these reasons, we hold that the circuit court erred in ruling that the BZA correctly determined that the developers had a vested right to develop on the property structures for retail sales in excess of 80,000 square feet of gross floor space without the necessity of first obtaining a special use permit. Accordingly, we will reverse the judgment of the circuit court affirming the decision of the BZA, reinstate the determination of the Zoning Administrator that a special use permit will be required for a Retail Sales, Large Format use of the property, and enter final judgment here for the Town and the residents.”

The court has ruled unequivocally in our favor! Fairmount Properties has no vested right to build a 186,000 retail supercenter next to Margaret Beeks elementary school.

The efforts of thousands of Blacksburg's residents who spoke before Town Council, signed petitions, educated their fellow citizens, and mounted a costly legal battle, have paid off.

Read the court's full opinion here. 

On Tuesday, February 10, the Blacksburg Town Council approved Ordinance 1509, which revises town's regulations of "large-format retail" development. The ordinance reduced that size cap for a retail establishment from 80,000 to 50,000 square feet. Any retail above that limit must obtain a special use permit. The new rules also create new design standards for large format retail, to make such developments compatible with the town's character.The ordinance passed by a 6-0 vote, with one council member absent.

Read the whole ordinance here.

Here's the story in the Roanoke Times.