Circuit Court Judge Dismisses Alexandria Waterfront Case

Circuit Court Judge James Clark last week granted Alexandria’s motion to dismiss a case brought by three residents against the city in regards to its controversial waterfront plan.

Three women living near the waterfront—April Burke, Beth Gibney and Marie Kux—argue that Alexandria City Council should not have approved the riverside redevelopment plan for a second time in March because it did not follow an appropriate process.

The three women, who are referred to as the Iron Ladies, asserted the same grounds on council’s 5-2 approval of the waterfront plan from January 2012.

Among many complaints, they say Alexandria’s planning and zoning director should have processed their protest to the Board of Zoning Appeals before both votes.

On Aug. 14, the Circuit Court held that it was within the Planning Director’s authority to reject the BZA appeals and that the “plaintiffs had no basis for the BZA appeals because there had been no new determination and they were not aggrieved, both of which are necessary components of an appeal to the BZA,” according to a release from the city. 

Judge Clark said he did not think plaintiffs could amend their complaint sufficiently to state a valid cause of action given the facts before the court.   

Council brought the waterfront issue back for a second vote in March to establish a supermajority (6-1) on the issue to overcome some legal battles to institute the plan.

Last month, the city announced the creation of a new department charged with implementing the city’s waterfront small area plan and other projects.