City Council's New Ordinance Change Won't Affect City Lawsuit

City of Harrisonburg

“Back in December, the ‘We Support Planning’ group filed a lawsuit claiming the city did not approach the planning process legally with their plans to build a new municipal building. The group believes the city should have referred plans and designs to the planning commission.

Chris Brown, the city attorney, said this code change is not in response to the lawsuit. He said this is something they have been planning for a while, before the suit was filed. He said they still do not believe the municipal building needed to be sent to the planning commission. Brown said the new reference in the city's code is really just about clarification and limiting interpretation by making sure the local ordinance reads the same as the state law…

Thomas Domonoske, the lawyer who filed the lawsuit, said the city code change is an important move for the future but doesn't change the problems they had with the municipal building.”
~Reports Nicole DiAntonio WHSV – ABC3

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Adult Store Owner Expands to NC, Raises Questions About Potential Zoning Issue in Danville

Pittsylvania County

“Kenny Post had no idea how successful his adult store Shhh...Intimacy on a New Level would be in Pittsylvania County, but the response has been overwhelming. ‘It just kept growing month after month, it just keeps getting bigger and bigger,’ said Post. Last year, county officials ordered the store to close. But Post and his business partners won that battle, and the publicity brought them even more support. ‘People like the location of it to keep from driving out of town and they like the discreteness of it,’ said Post.

They originally wanted to open in a higher traffic area of Danville. Post was told his store would violate a zoning code that restricts adult entertainment from certain areas. But he says there's another store selling adult gifts in a retail area. Spencer's is a popular retail chain located inside malls across the country, including the Danville Mall. We checked both stores and found some novelty adult items at Spencer's, similar to those in Post's store. Zoning officials declined to comment.”

~Reports ABC 13

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Virginia Supreme Court ruling costly for James City

James City County

“The Virginia Supreme Court ruled Friday that the county has to return proffer money to five developers and pay their attorney and court costs, settling a case that has spanned more than two years. In the end, the county will refund $270,000 in proffer cash to the developers of Windmill Meadows, White Hall, Liberty Crossing, Williamsburg Landing and Stonehouse, Deputy County Attorney Adam Kinsman said Monday. It will also have to pay interest, likely 6 percent.

The case involves the timing of when proffers are paid to the county. In 2010, the General Assembly limited localities' ability to collect cash proffers early in the development process. Instead, new legislation prohibited localities to collect them until just before a certificate of occupancy was issued.

At the time, James City had proffer agreements outstanding that predated the legislation, so the county continued to collect proffers early, in accordance with its agreements. Windmill Meadows developer Lawrence Beamer said he raised the issue back in 2011, and the county attorney advised him to send a memo to the county. He did so, with the help of the Peninsula Housing & Builders Association, and the county responded by filing suit against him and other affected developers, he said.

The county suit asked the Circuit Court to sort out whether the legislation should apply to proffer agreements retroactively. The legislation did not specifically say whether it should have been, only that it applies to ‘any’ proffers. In early 2012, Judge Robert W. Curran ruled in favor of the developers.”

~Writes Cortney Langley of the The Virginia Gazette

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Ivor man suing Isle of Wight over property rights

Isle of Wight

“An Ivor man concerned about his property rights is bringing suit against Isle of Wight County, and he’s not alone. Joseph Ferguson Jr. has enlisted legal help to defend his right to allow friends to camp on his property.

In response to emailed questions, Ferguson replied, ‘I am not personally speaking to the media at this time,’ and he directed all inquiries to Nisha Whitehead of The Rutherford Institute, a non-profit organization concerned with Americans’ personal freedoms. That organization, in turn, has enlisted the help of Fred Taylor, an attorney with Stallings, Bush and Randall.

Taylor informed The Tidewater News on Thursday that he’s filed the suit ‘regarding a county zoning ordinance that I believe to be misinterpreted. In a nutshell, my client (Joseph Ferguson) allowed a friend of his to stay overnight in a camper (so that he could hunt) on his property/farm. Unfortunately, Isle of Wight County officials deemed this use of the camper would constitute an unauthorized ‘campground’ in violation of local zoning ordinances – a violation that carries the potential of criminal prosecution, to include 30 days in jail and/or up to a $1,000 fine.’”

~Writes Stephen Cowles of the Tidewater News

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Ocean View residents to make dune case to Norfolk

City of Norfolk

“Ocean View residents want to lower sand dunes that they say are taking over their property, but city officials are worried such an alteration could affect Norfolk's ability to get federal funding for flood mitigation.

Seventeen property owners in the Cottage Line area will argue their case before the city's Wetlands Board this afternoon. The residents are seeking permission to lower the dunes to about 10-1/2 feet. In one area, the dunes reach 26 feet.

These Cottage Line residents say the sand dunes near their homes have reached unreasonable heights and are blocking their views. Because the sand is so plentiful, the residents say, the removed portions of the dunes could be redistributed where sand is needed in Ocean View. But environmentalists have expressed opposition, and some city officials have said they are concerned about the requests.”

~Writes Jillian Nolin of the Virginia Pilot

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Should a Governor be prevented from firing a political appointee over policy disagreements?

General Assembly

“Delegate Tim Hugo (R-Centreville) has filed a bill for the upcoming session of the General Assembly that would prevent future governors from firing members of the Commonwealth Transportation Board for opposing their priorities. Current law allows the governor to remove a member of the board ‘at his pleasure.’”

~Writes Charlottesville Tomorrow

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