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Alexandria Circuit Court

Wednesday, October 31, 2012

High Court to Hear Waterfront Plan Appeal

Virginia's Supreme Court agrees to hear appeal to a Circuit Court decision on the city's waterfront plan and related zoning issue.

The Virginia Supreme Court has agreed to hear an appeal to an Alexandria Circuit Court decision on the city’s waterfront redevelopment plans. Three women who live near the city’s riverside — April Burke, Beth Gibney and Marie Kux — had sought to invalidate City Council’s 5-2 adoption of its waterfront small area plan and its accompanying zoning change that would allow development such as hotels. They say council must adopt a zoning change by a supermajority or 6-1 vote because a required number of property owners who live within 300 feet of the waterfront areas being rezoned signed petitions protesting the change. Old Town waterfront property owners attempted to file such documentation, but it initially was deemed not properly filed. …

paul

2:18 pm on Thursday, November 8, 2012

Sounds like a plan OT. It will be interesting to see how all this will unfold now that we have the new council.   more ›

Tuesday, October 16, 2012

Circuit Court Favors City, Restaurant in Wales Alley Case

Dismissal allows Virtue Feed & Grain to proceed with building a deck in the alley, if it desires.

The Alexandria Circuit Court has dismissed the Old Dominion Boat Club’s dispute over Wales Alley, allowing Virtue Feed & Grain to lease and expand the area for outdoor dining. “We are certainly disappointed in the Circuit Court’s dismissal of this case,” said Miles Holtzman, president of the Old Dominion Boat Club. “It is distressing that a court—any court—would allow a government to take private property and allow it to be used by another private owner.” Mayor Bill Euille praised the ruling for "providing clarity of property rights for the site for the city to do as it sees fit. ...The court says the alley belongs to the City of Alexandria.  "It's time to put these things behind us and move forward on the future of the waterfront …

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oldtowner

7:49 pm on Wednesday, October 17, 2012

Yes, Paul....interesting that many of the opponents to the waterfront plan, who talk about "accessibility" and more open space...having the waterfront available to all....also side with the ODBC....which is sure not open/accessible to all. And that parking lot is so ugly. I've had out of town visitors who can't believe that is down on our waterfront. Has Andrew Macdonald weighted in on this? …   more ›

Thursday, October 11, 2012

Letter to the Editor: Court Ruling Gives Cause for Hope

Old Town resident Michael Peck is pleased with the Alexandria Circuit Court's decision on Wednesday.

Letter To The Editor: The people who play by the rules won an important legal battle against a predatory and rapacious city government Wednesday. In a valiant neighborhood-wide effort to defend basic property rights against the Mayor’s hidden eminent domain agenda, to ensure open city-wide resident access to as much of Alexandria’s waterfront as possible, and to push back against arbitrarily increasing ecologically and community destructive density to the benefit of special outside developer interests threatening those who live in what has become “waterfront harm’s way,” Wednesday’s court ruling by the Honorable Nolan Dawkins gives cause for hope. Judge Dawkins denied the Burke Respondents' Motion to Strike the City of Alexandria's Second …

Thursday, September 27, 2012

Judge Selects Speck to Fill Vacancy on City Council

Former Alexandria City Councilman David Speck will finish out Rob Krupicka's term, which ends on Jan. 1, 2013.

David Speck is the appointee to fill the vacancy on Alexandria City Council, he told Patch on Thursday afternoon. The vacancy was created on Sept. 11 when Rob Krupicka resigned from City Council following his election to the House of Delegates. Alexandria Circuit Court Judge Lisa Kemler made the appointment. He will take the oath of office Thursday and will be on the dais this evening for council’s second legislative meeting of month. Speck will serve out the remainder of Krupicka's term, which ends on Jan. 1, 2013. Speck served on council from 1991 to 1994 as a Republican. He switched parties in 1995 and served as a Democrat from 1996 to 2003. A longtime Alexandria resident, Speck is a managing director of investments with the Speck-…

Kim Moore

5:38 pm on Friday, September 28, 2012

Congratulations, David. It will be nice to see you back on the City Council.   more ›

Monday, September 17, 2012

Help Wanted: One City Council Member

Alexandria Circuit Court seeks to fill Council seat temporarily.

The Alexandria Circuit Court is asking anyone who seeks to fill the council vacancy left by the resignation of City Councilman Rob Krupicka to notify it by Sept. 25. Krupicka recently was elected to represent Virginia's 45th District, which includes parts of Alexandria as well as neighborhoods in Arlington and Fairfax countie. "In the event the judges of the Circuit Court desire to follow up in person with any such applicant, the applicant shall be contacted about scheduling an interview," reads the notice on the City of Alexandria's website. "It is the intention of the Court to appoint an individual who does not have an interest in seeking a permanent position on Council." Submit letters either via email to diane.fiske@alexandriava.gov or…

Wednesday, September 5, 2012

Who Will Be Appointed to Council?

Rob Krupicka's victory Tuesday creates a hole on Alexandria City Council.

Delegate-elect Rob Krupicka is expected to call Virginia Speaker of the House Bill Howell on Wednesday to determine when he will be sworn in as representative to the 45th District. That decision is ultimately the governor’s, and it will set off an interesting couple of months for Alexandria City Councilman Krupicka and the City of Alexandria. “I am going to talk to as many people as I can [before heading to Richmond]. I’m going to do more listening than talking,” Krupicka said Tuesday night at his victory party at Fireflies. “It’s a small time to put together a legislative agenda.” Krupicka has to resign from City Council and the State Board of Education before being sworn in to his new job, which must take place within 30 days of Tuesday’…

Sunday, August 19, 2012

Circuit Court Dismisses Waterfront Lawsuit

Court dismisses complaint without ability to refile.

The Alexandria Circuit Court on Friday dismissed a lawsuit challenging the legality and substance of the city’s waterfront small area plan and its affiliated language that would allow zoning changes along the riverside. City residents Michael Peck and Elizabeth Baldwin filed suit in February, claiming that the waterfront plan approved by City Council was “arbitrary and capricious” and constituted “illegal spot zoning.” City Council passed the plan in January. The Circuit Court dismissed the complaint without the ability to refile, finding that the record of proceedings leading up to the approval of the plan made it clear as a matter of law that the council had considered and weighed all of the issues that the plaintiffs said were not …

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donotpaveparadise

3:55 pm on Thursday, August 23, 2012

I don't think the Democrats who support the waterfront plan care if the Potomac rises. I guess that would give new meaning to the name Waterfront for All. But the real point is that there has never been a real analysis of alternatives. The mayor cannot hide behind the facade of open debate that does not exist. The refusal to debate Macdonald is the same kind of refusal to listen to the public …   more ›

Monday, May 21, 2012

Zoning Appeals Board Seeks Outside Legal Counsel

Board of Zoning Appeals members say they are uncomfortable having no legal counsel or city legal counsel after city appeals BZA decision to Alexandria Circuit Court.

Alexandria’s Board of Zoning Appeals is requesting that City Council give it an outside lawyer who could advise the body on matters relating to the city’s appeal of the BZA’s decision on the waterfront petition. The BZA in April sided with a group of citizens who appealed the city planning director’s decision to reject their petition asking that the riverside area near their homes not be rezoned allowing development such as hotels. In turn, the city filed a suit in Alexandria Circuit Court, asking it to reconsider the BZA’s ruling. The case was filed as City Council for the City of Alexandria and Faroll Hamer, Director of Planning and Zoning for the City of Alexandria v. the City of Alexandria Board of Zoning Appeals and April Burke and …

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Mark Mueller

9:36 pm on Monday, May 21, 2012

I too am a (very) concerned citizen - which is why i got involved in this issue. For those of you who missed Friday night's meeting but wish to hear highlights of the discussion (and specifically Bank's "interesting" comments), you can listen to audio clips here: http://www.youtube.com/user/alexandriapatriots?feature=results_main have a good night.   more ›

Monday, May 14, 2012

City Officially Appeals BZA Decision to Circuit Court

City says Board of Zoning Appeals failed to understand essential underpinnings of the law.

The city has filed suit in Alexandria Circuit Court to express it disagrees with the decision of its Board of Zoning Appeals for overturning a ruling by Alexandria’s planning director who determined a citizens’ petition was invalid. The BZA in April ruled in favor of citizens who had asked it to reconsider a ruling by Planning and Zoning Director Faroll Hamer. She ruled as invalid their petition requesting the city not rezone some waterfront land near their homes, allowing more and different development like hotels. Mayor Bill Euille said the city would appeal the BZA’s decision because “it could have implications on future land use decisions throughout the city.” He commented during Saturday’s general City Council public hearing that in …

Ruben Duran

8:40 am on Thursday, May 17, 2012

Hopefully it will provide grounds for the court to dismiss the case, forcing the city to refile and then forced to pay for outside counsel, reflecting just how biased, determined the city is to shove their "small area plans,", high density projects down our throats   more ›

Wednesday, May 2, 2012

Opponents of Waterfront Rezoning Ask High Court to Hear Their Appeal

April Burke, Marie Kux and Beth Gibney ask state's high court to take their case after Alexandria Circuit Court dismissed it.

Three citizens are asking the Virginia Supreme Court to reconsider the Alexandria Circuit Court’s dismissal of their lawsuit. The lawsuit requests that the circuit court overturn the city’s denial of a petition that would have required City Council to pass the waterfront plan by a supermajority. "The Iron Ladies," as their supporters call them, are April Burke, Beth Gibney and Marie Kux. The Circuit Court decided in March that “in order for the court to grant relief requested by the plaintiffs, it would first have to required the Director to accept the plaintiffs appeal as properly filed. ...The writ does not grant the authority to require an official to undo an act that is already done.” Roy Shannon, the plaintiff’s attorney, told Patch …

JohnInNova

5:09 pm on Thursday, May 3, 2012

Can't you see it? The year is 1885, the news banner in the Alexandria Gazette reads: "Citizen Group petitions the Court asking to Block installation of Electrical Power Lines in the former Colonial Village" They are concerned that the overhead power lines will take away the ambience of the town. And, electric lighting is too harsh. They prefer the more authentic glow of candle light.   more ›

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