Property owner sought certiorari review of an adverse decision of the board of zoning appeals.
The Circuit Court dismissed petition. Property owner appealed.
The Supreme Court of Virginia held that:
- Local governing body was required to be named as a necessary party in the petition within 30 days of the final decision, and
- Local governing body could not be named as a necessary party after expiration of the 30-day period.
To properly initiate a proceeding challenging a decision of a board of zoning appeals, the petitioner can name the governing body in a separate heading or caption or name it in the body of the petition, so long as a reasonable reader would understand either from the petition’s text or context or both that the necessary party is being mentioned not as a mere historical reference within the larger background of the case, but as the party against whom the appeal is being taken.