CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – Although a trial date is set for nearly a year from now, City Council Monday night will consider a settlement with the plaintiffs in the White v. Charlottesville City Council zoning ordinance lawsuit.

According to a City Council agenda item, the city has agreed to submit “requested traffic information to VDOT, and the plaintiffs will withdraw their lawsuit.”

G. Edward White, Susan D. White, Roy Van Doorn, Kristi Van Doorn, Thomas J. Hill of the Thomas J. Hill Trust that became the Kemp P. Hill Trust, Jenny Clay, Michael Bevier, and Lillian Bevier filed suit in January 2024 against a new development code the city adopted in December 2023 citing, among other items, the city failed to submit such data to VDOT.

Charlottesville Circuit Judge Claude Worrell dismissed two of three claims in the suit except this traffic study question.

Judge Worrell ruled in June of this year a summary judgement throwing the new ordinance out after a law firm representing the city missed a filing deadline to a plaintiffs’ motion. A written order the plaintiffs were supposed to submit of the judgement was never submitted and the city appealed in August and Judge Worrell agreed to hear the merits of the case and set two trial dates in September 2026.

City Attorney John Maddux will present the resolution to Council, the agenda item saying, “The City remains confident that it would ultimately prevail in this matter. However, the cost of discovery, trial, and potential appeals would be substantial for all parties, and any litigation carries inherent risks. This proposal, where the City will provide certain traffic information in exchange for dismissal of the case offers a practical and cost-effective path forward. Accepting this resolution will avoid further litigation expenses and provide clarity and stability for the City’s zoning ordinance.”

The item does note “costs are expected to be meaningful… to complete the necessary traffic studies for submission to VDOT”.