Gas City, LLC’s attempt to rezone a significant property in Rockingham County has been thwarted by the local Board of Supervisors, who denied their application citing concerns over water resources and infrastructure. The appeal against this decision was filed by Gas City, LLC in the Circuit Court of Rockingham County on November 18, 2025, targeting the Rockingham County Board of Supervisors.
The case revolves around Gas City’s desire to transform a 31.248-acre plot near the Exit 257 interchange from an agricultural zone (A-2) to a business interchange district (BX), aiming to establish a 24-hour travel center. The proposal faced resistance due to its potential environmental impact and infrastructural demands. The Planning Commission initially deferred the application in July 2022 after raising issues about water supply and emergency services accessibility. Despite these concerns, they recommended approval in August 2022 with a narrow vote, acknowledging that “reasonable minds can disagree” on such matters.
However, when presented to the Board of Supervisors later that month, the proposal was unanimously rejected following public opposition highlighting risks like traffic congestion and petrochemical runoff into Spring Creek. These environmental threats were compounded by the property’s lack of connection to public water systems, necessitating reliance on private wells which could affect neighboring areas’ water availability.
Gas City challenged this decision in court, arguing that the denial was arbitrary and capricious since adequate groundwater existed and asserting that only the Virginia Department of Environmental Quality (DEQ) had jurisdiction over water resource management. They also claimed discrimination and improper leverage against state authorities under Dillon’s Rule. During trial proceedings, expert testimonies underscored geological vulnerabilities like sinkholes and potential contamination pathways threatening groundwater quality—key factors aligning with county goals for natural resource conservation.
Ultimately, Judge Bruce D. Albertson upheld the Board’s decision as not arbitrary or capricious but rather grounded in legitimate concerns beyond just water issues. The court found sufficient evidence supporting a fairly debatable choice between zoning options based on comprehensive planning priorities—reinforcing local discretion in land-use decisions despite meeting BX district eligibility criteria.
Representing Gas City were attorneys James P. Campbell along with Mathew L. Clark and Jason L. Grace from Campbell Flannery PC; while Sheila K. Paladino served as Deputy County Attorney for Rockingham County’s defense under Judge Frank K. Friedman’s memorandum opinion.
Source: 0084253_Gas_City_LLC_v_Rockingham_County_Board_of_Supervisors_Opinion_Virginia_Court_of_Appeals.pdf
