The Supreme Court of Virginia Issues a Published Order to Explain its Rationale for Dismissing a Petition for Appeal
Rebh v. County Board of Arlington County, Record No. 240493 (Va. Nov. 27, 2024)
In a rare move, the Supreme Court of Virginia issues a published order to explain its rationale for dismissing a petition for appeal.
A group of Arlington residents challenged the County Board’s land-use plan in circuit court based on three distinct legal claims. After the circuit court sustained the Board’s demurrer, the residents appealed. The Court of Appeals found that the residents prevailed on one of its claims: that the Board’s actions were void ab initio because it failed to provide proper notice. That holding resolved the entire case, but the Court of Appeals still went on to decide the other two claims in favor of the Board. It recognized the doctrine of judicial restraint but decided to resolve the second and third claims “should they arise again in future proceedings.”
The residents filed a petition for appeal to the Supreme Court of Virginia challenging the two claims it had lost. The Board, however, asked that the appeal be dismissed since the residents had ultimately prevailed. The Supreme Court agreed. Once the Court of Appeals ruled the Board’s actions void ab initio, the other rulings were merely advisory opinions with no binding precedential value. Virginia courts do not decide moot questions or issue advisory opinions. Further, the residents were not aggrieved by the final ruling, so they could not appeal. Since it had no authority to review a non-precedential, advisory opinion of the Court of Appeals, the Supreme Court dismissed the residents’ petition.