On October 23rd, BISNOW will be hosting the Future of Loudoun County: Exploring Development and Expansion Opportunities speaker panel. Firm Associate, Erin Swisshelm, will moderate a discussion entitled “Building Loudoun: Mixed-Use Projects and Residential Expansion,” featuring prominent voices from the development community.

At the panel, you’ll learn:

• How mixed-use and residential developments in Loudoun County are evolving to meet the needs of its growing and diverse population.
• What strategies developers are using to balance the demand for affordable housing with the increase in residential projects.
• How Loudoun County is investing in transportation and tech infrastructure to support future growth.
• How the county’s strategic location, including Washington-Dulles International Airport, is being leveraged to attract and support businesses.
• What challenges developers face with local regulations and zoning policies, and how these impact data center expansions and other projects in the county.

You may register for the event HERE.

On September 27, 2024, the Arlington Circuit Court struck down Arlington County’s “Missing Middle” Zoning Ordinance Amendment, which created an Expanded Housing Option (EHO) Development that offered an alternative on single-family residential lots that allows for the construction of duplexes, townhomes, and multifamily buildings subject to certain design standards. As a result of the ruling, it is unlikely that the County will continue to issue new EHO permits.  

This is a developing story and we will provide additional details of the court’s decision and its potential impacts once more is known. In the interim, if you have any questions, please feel free to call your principal point of contact with the firm.

On September 10, 2024, the Fairfax County Board of Supervisors approved a Zoning Ordinance Amendment to strengthen requirements for data centers. This amendment, which took effect on September 11, 2024, introduces new zoning regulations governing data centers in Fairfax County. The provisions address various community concerns, including size restrictions, mandatory noise studies, building design, environmental impacts, and proximity and buffering to residential areas. The initial motion by Supervisor Kathy Smith to approve the amendments was based upon the recommendations contained in the staff report dated May 17, 2024, which can be found at this link, and included the following provisions: Data centers must be located at least one mile from a Metro station entrance. Lesser distances may be allowed with special exception approval. Data center buildings must be at least 200 feet from the lot line of a residential district or use. Lesser distances may be allowed with special exception approval. Ground equipment necessary to operate the facility, such as cooling, ventilating, or backup generators, must be 300 feet from the lot line of residential property or separated from the residential lot line by the data center building. Lesser distances may be allowed with special exception approval. In all districts where data centers are permitted, all equipment necessary for operating the facility must be fully enclosed or screened by a wall or similar barrier to reduce visual and noise impacts. Building size limits on by-right data centers are retained where they previously applied, and now the I-4 District has a size limit. Larger buildings will require special exception approval, except in the I-5 and I-6 Zoning Districts. Mandatory noise studies, including pre- and post-construction noise assessments, must be submitted to ensure compliance with the Noise Ordinance. Main entrance features, façade variations, and other architectural elements are now required to enhance the visual appeal of these industrial buildings. The approval makes exceptions for rezonings, special exceptions, site plans, or building permits for data centers that were accepted or approved on or before July 16, 2024. A follow-on motion, also by Supervisor Smith, directs staff to undertake further study and review on issues such as energy efficiency, water demand and quality, air quality, wastewater, and electrical substations. This article was co-authored by Andrew Painter, Zach Fountain, and Kim Follin from the Land Use and Zoning practice group at Walsh, Colucci, Lubeley & Walsh.

 

 

Firm Shareholder Andrew Painter recently moderated a panel discussion at the NAIOP Northern Virginia event, “Regional Development in the Future – What You Need to Know.” The event focused on the evolving landscape of commercial and residential real estate in Northern Virginia, bringing together key leaders to explore the opportunities and challenges ahead.

The panel featured regional leaders including Terry Clower, Director of the Center for Regional Analysis at George Mason University; Amy Friedlander, Director of Acquisitions at EYA; Stephanie Landrum, President & CEO of the Alexandria Economic Development Partnership; Dalia Palchik, Providence District Supervisor, Fairfax County; and Jason Stanford, President of the Northern Virginia Transportation Alliance.

The panel covered key topics ranging across transportation, housing, the shifts in the office market, and the changing dynamics of retail destinations. The discussion underscored the impact of the pandemic and online shopping on commercial spaces, highlighting the need for adaptive reuse of obsolete and under-utilized properties. With the demand for residential real estate outpacing supply, the panelists examined how the region can address these challenges to ensure a robust and diversified economy.

The event provided valuable insights into the future of development in Northern Virginia, emphasizing the importance of forward-thinking projects that meet the demands of both commercial and residential sectors over the next decade and beyond. As our region stands at a crossroads, such discussions are vital to shaping a vibrant and sustainable economic future.

The firm is proud to have been represented in this important dialogue and we look forward to continuing to contribute to the region’s growth and success.

Last week, Loudoun Office Shareholder Randy Minchew was invited to appear before the United States House of Representatives Committee on Natural Resources, Federal Lands Subcommittee to provide testimony in support of H.R. 6210, filed by Congresswoman Jennifer Wexton (VA-10), to designate the General George C. Marshall Home, also known as Dodona Manor, in the Town of Leesburg as an affiliated area on the National Park Service (NPS). General Marshall served our nation in many respects during the 20th Century, as chief aide to General John J. Pershing, Commander of the American Expeditionary Forces in World War I, as United States Army Chief of Staff in World War II, and as Nobel Peace Prize-winning Secretary of State following World War II where he won approval for the European Recovery Program (also known as the Marshall Plan). Dodona Manor was the only home General Marshall and his wife Katherine ever owned. Affiliation with the NPS will allow for the General George C. Marshall Home to be referenced, advertised, and promoted as a contributing element of the NPS and help secure the continued preservation and historical appreciation of the home of the individual British Prime Minister Winston Churchill called the “true organizer of victory”  for the Allies in World War II.  

As an affiliated area, Dodona Manor would gain access to the NPS’s extensive technical resources, preservation expertise, and branded graphics. Randy has served on the Board of Directors of the George C. Marshall International Center for many years and is currently leading the effort at the Center to establish a museum and conference facility on the property in Downtown Leesburg.  https://www.georgecmarshall.org/marshallcenter 

In his testimony, Randy expressed the significance of this designation and as a member of the Board of Directors stated: “We are extremely proud of our efforts to restore and preserve the home of one of our nation’s most important leaders, and we believe that NPS designation would bolster our efforts and serve as a fitting honor for a great American.” 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minchew also highlighted the broader impact of the bill, noting, “At a time in our history when political unity is elusive on so many matters, this bill also sends a clear message that Americans remain united in our commitment to service, honor, and a vigorous defense of our constitutional values – ideas that were central to General Marshall’s career.”  

During their time together serving Loudoun County and the Town of Leesburg in the Virginia General Assembly, Minchew as a Republican Delegate and Wexton as a Democratic Senator, the two worked closely together on many items of legislation and were considered by many Virginia political observers to be the most bipartisan duo in Richmond. 

H.R. 6210 was favorably reported by the Subcommittee on Federal Lands and will proceed the full Natural Resources Committee in September and to the House Floor in October.  To watch the full committee hearing, click the link HERE. Randy’s testimony begins at 27:18.  

At its recent session, the Virginia Supreme Court took a pivotal step in shaping the legal landscape of zoning enforcement by reversing a Court of Appeals decision related to warrantless searches and zoning violations. This decision underscores the Court’s interpretation of constitutional protections in civil zoning contexts. 

Case Background and Lower Court Decisions 

This case originated from a Fairfax County Zoning Ordinance provision which stipulates that “all searches or inspections authorized by this Ordinance require a warrant, court order, consent, or another exception to the warrant requirement.” Furthermore, it emphasizes that “nothing in this Ordinance may be construed to authorize an unconstitutional inspection or search.” 

The situation began when police, during an unrelated criminal investigation, informed zoning enforcement about a potential zoning violation at the property, advising that county staff needed their own warrant to conduct a search. Despite this advice, county staff conducted a warrantless search on the same day the police executed their warrant and subsequently cited the property owner for a zoning violation. 

The property owner challenged the citation, arguing before the Board of Zoning Appeals (BZA) that the case should be dismissed, or the evidence excluded due to the county’s warrantless search, which they claimed violated the Ordinance. Both the BZA and the Circuit Court dismissed these arguments, leading to an appeal. The Court of Appeals reversed the lower courts, holding that the BZA needed to consider the ordinance provision and the constitutional issues raised. 

Supreme Court Decision 

The Virginia Supreme Court has now reversed the Court of Appeals’ decision, providing several crucial interpretations: 

1. Irrelevance of the Ordinance Provision to Zoning Violations: The Supreme Court determined that the ordinance provision concerning warrantless searches was not relevant to the question of whether the zoning ordinance was violated. The central issue was whether the property was being used illegally as an office, irrespective of how the evidence was obtained. 

1. Applicability of the Exclusionary Rule: The Court clarified that the exclusionary rule, which bars evidence obtained in violation of the Fourth Amendment from being used in criminal cases, does not extend to civil cases, including zoning violations. Given that the zoning violation was prosecuted as a civil matter, the exclusionary rule did not apply. 

1. Civil vs. Criminal Proceedings: The Supreme Court highlighted the distinction between civil and criminal proceedings, emphasizing that while remedies exist for property owners whose properties are searched illegally, these do not include excluding evidence in civil zoning cases. Therefore, evidence from the warrantless search was admissible in enforcing the zoning violation. 

1. Legal Interpretation: The Court reinforced the limited scope of the BZA’s responsibilities, indicating that its role is to determine zoning compliance, not to adjudicate constitutional issues. 

Conclusion 

This ruling by the Virginia Supreme Court clarifies the boundaries of constitutional protections in the context of civil zoning violations. It reiterates that while property owners may have remedies for unconstitutional searches, these do not affect the enforcement of civil zoning ordinances. This decision is expected to have significant implications for the prosecution and defense of zoning violations in Virginia. 

The full Virginia Supreme Court decision can be found HERE.  

We are thrilled to announce the success of our 26th Annual Golf Tournament, held on Monday, June 10, 2024, at the beautiful Country Club of Fairfax. This year’s event was a resounding success, bringing together our community in support of a great cause. We are proud to share that we raised over $76,000 to benefit Breakthrough T1D, a testament to the generosity and enthusiasm of our participants and supporters.

Our heartfelt thanks go out to our incredible sponsors whose support made this event possible:

• Timber Ridge Development
• Goetzman Nau Financial Partners
• Mr. Wash Car Wash
• Legat Commercial Real Estate
• Annie & Paul Norman
• Jeff Price & Venus Eagle
• Crescent Cities Charities
• Fair City Mall
• Peterson Family Foundation
• Bill Keefe
• Gorove Slade
• IMEG
• LandDesign
• Manning, Murray, Barnett & Baxter
• Merrill Lynch
• The Peterson Companies
• Sorensen Homes
• VIKA Virginia, LLC
• Windmill Hill Design/Build

We also extend our gratitude to everyone who enthusiastically participated in the auction, donated auction items, and purchased raffle tickets. Your contributions were vital in achieving our fundraising goals.

A special thank you goes to Meredith Grosser and the entire Breakthrough T1D team for their dedication and hard work. Their efforts ensure that the funds raised will make a meaningful impact in the fight against Type 1 Diabetes.

Thank you all for your continued support and for making this year’s tournament a memorable and impactful event. We look forward to seeing you again next year!

Please enjoy some photos from this year’s event below.

 

 

We are thrilled to introduce the two outstanding law students joining the firm as Summer Associates this year. Please welcome Nick Peal and Peyton Smetana, who bring with them academic achievements and a passion for legal excellence.  

Nick Peal is a rising third year student at The Catholic University of America, Columbus School of Law. Nick’s accomplishments in law school thus far include being the recipient of the Dean’s Merit Academic Scholarship, making the Dean’s List, and serving as Staff Editor on the CUA Law Review. Additionally, Nick is the Treasurer of the Italian American Law Students Association and is a member of Phi Alpha Delta.  

Nick comes to the firm with legal internship experience in the United States Attorney’s Office, Special Proceedings Division, at Jones, Walker, & Lake P.C., and the Virginia Beach General District Court’s Criminal Division. 

Peyton Smetana is a rising third year student at The Catholic University of America, Columbus School of Law. Peyton’s impact at Catholic Law is widespread through his accomplishments and involvements. He is the incoming Executive Editor of Vol. 74 of the CUA Law Review, having already served as Staff Editor. Additionally, he is the Public Relations Chair for the LGBTQ+ Law Student Association and a member of both Phi Alpha Delta and the National Trial Team. He also served as Director of Communications for the Student Bar Association. 

Peyton comes to the firm with experience as a Summer Legal Intern for Just Neighbors, a Research Assistant for the Columbus School of Law, and a Corps Member with Teach for America. 

 

Get to know a little more about both Nick and Peyton Below!  

 

What inspired you to pursue a career in law? 

Nick: I have always had a passion for helping people. I majored in criminology and criminal justice in undergrad but then took a liking to my judicial system philosophy courses. Some of my professors and family recommended looking into law school as a career path. 

Peyton: I always found myself in places where having an impact on people was possible, have that be in theatre or classroom setting. However, I quickly learned the impact I had on people through theatre was limited and not guaranteed, and as for being an educator, I could only do so much for my students with limited resources and an environment that did not value student growth. A career in law, in my opinion, creates a higher chance for me to have a more direct, personal, and substantial impact for the people I will work for, whatever matter it may be. 

What area of law are you most passionate about? 

Nick: I thoroughly enjoyed my property and decedents’ estates courses, but I am also passionate about constitutional law and more specifically civil liberties. 

Peyton: All things property oriented. From intellectual property to trusts & estates, my property courses have kept me the most engaged and excited about learning. 

What’s one surprising thing people might not know about you? 

Nick: I was born in Sicily, Italy. 

Peyton: I am related to a famous Czech Composer, Bedřich Smetana, who has his own museum and statue in Prague. 

What are you most looking forward to learning or experiencing during your summer with Walsh, Colucci, Lubeley, & Walsh? 

Nick: This is my first experience in a private practice environment since starting law school. I am looking forward to experiencing and learning about how an office runs, how to build relationships with clients, and meeting all the people that make this firm work. 

Peyton: Land Use & Zoning is not something they teach or offer at my law school, so having the opportunity to be fully immersed in and learn how this unique practice functions between the client, the jurisdiction, and the community will be invaluable. As for transactions, I am tremendously excited about practicing and gaining transactional skills I have only theoretically read about in school thus far. Added bonus, it’s in an area of the law that I am actually interested in! 

What’s the best piece of advice you’ve received so far in your legal studies? 

Nick: On one of the first days of law school my professor told the class that no one wants a doctor or surgeon who just mailed it in during medical school. No one wants that lawyer either. 

Peyton: Two things will get you disbarred: (1) haste and (2) friends. Take your time and double check your work. Be careful about what you are being asked to do by the people you think have your best interest in mind. 

If you could work on any type of case, what would it be and why? 

Nick: Any case with a client that I enjoy working for and a matter that combines my interest in property law and my interest in constitutional law. 

Peyton: I recently wrote a law review article on Copyright’s Fair Use Defense. So if I had to pick a type of case to work on right now, it would be a claim for copyright infringement, arguing against a finding of fair use. 

What’s one goal you hope to achieve during your summer? 

Nick: I hope to become a more competent and efficient legal thinker. Just in the few days I’ve been here I am surprised at the wealth of knowledge all the people in the office have at the ready to answer any kind of question. 

Peyton: By the end of the summer associate program, I hope to have done at least one assignment, hopefully more, for every attorney in the Arlington office, Land Use & Transactions. I want to absorb as much as possible during my time here. 

On July 9th, BISNOW will be hosting The Future of Alexandria: Evaluating Major Projects, Residential Development, Housing Policy Changes, Infrastructure Upgrades and Investment Opportunities with Developers, Investors and Economic Leaders. Lauren Riley, Associate within the Land Use and Zoning Practice Group, will moderate a discussion entitled “Building Alexandria: Public/Private Partnerships, Economic Development, Investment Opportunities and More”. A member of the firm since 2019, Lauren primarily focuses on securing zoning and land use entitlements including rezonings, special permits, and special exceptions. Before joining the firm, Lauren worked for the general practice law firm of Walton & Adams, P.C., where she gained valuable experience in eminent domain practice, zoning and land use research, and civil litigation. Lauren earned a Bachelor of Arts from the University of Alabama in 2015 and graduated from William & Mary Law School in 2018, where she was an articles editor for the William & Mary Business Law Review.

At the panel, you can expect to learn:

• In 2022, Alexandria delivered the second-most office-to-residential conversions in the country, with 435 converted units. How are developers and economic leaders assessing the ongoing opportunities and prospects for these redevelopment projects throughout the area?
• With Alexandria lawmakers voting to eliminate single-family-only zoning, allowing for the construction of buildings with up to four units in residential neighborhoods, how will this policy change contribute to housing diversity and address the city’s housing needs?
• Critics argue that the policy change of single-family-only zoning may primarily benefit developers rather than producing affordable housing. How does Alexandria plan to incentivize affordable housing development and ensure that the new policy effectively serves the needs of all residents, including those with lower incomes?
• How are infrastructure upgrades and transportation planning being integrated into major development projects in Alexandria to support increased housing density, enhance connectivity and alleviate traffic congestion?
• What investment opportunities are emerging in Alexandria’s evolving economic landscape and how can stakeholders capitalize on these opportunities for sustainable growth?

You can register to attend the event hosted at the Sheraton Suites Old Town Alexandria HERE.