Printer-Friendly
Email this Story
Post a Comment (0)
Purcellville will ask Supreme Court to rehear planning cases
Purcellville will petition the Virginia Supreme Court to rehear arguments in the disputes between the town and the county over which jurisdiction gets to decide what concerning development in the urban growth area surrounding the town.
The court ruled Sept. 12 that the Purcellville Urban Growth Area Management Plan (PUGAMP), signed by elected leaders of town and county in 1995, is valid and that Purcellville can "participate" in planning decisions in 3,100 acre urban growth area surrounding the town.
At the same time, the high court lumped planning and zoning together, and ruled that the town has no decision making authority in the urban growth area that lies beyond the current town boundaries.
The town has 30 days after the Sept. 12 ruling in the case to petition the Supreme Court for a rehearing, according to the rules of the court. Should the court agree to rehear the case, the county will have 21 days to file its briefs. Oral arguments would follow, and another delay awaiting a decision.
Councilman Gregory Wagner made the motion at the Sept. 17 emergency session of the council to ask the court to clarify the ruling.
The town needs clarification on the line between planning – a joint undertaking of town and county according to the decision – and zoning – reserved to the county alone in the urban growth area, until the town annexes that land and brings it into its own boundaries.
Council Member Joan Lehr seconded the motion. Council Members C.J. Walker and Tom Priscilla voted in favor of the petition for a rehearing.
Mayor Bob Lazaro, and Council Members James Wiley and Steve Varmecky voted not to pursue a rehearing.
"I would rather spend our time working on a negotiated settlement," Lazaro said.
According to Lazaro, Council Member Tom Priscilla met a second time with Board of Supervisors Chairman Scott York (I-At large) – with attorneys from town and county present – to discuss the issues and look for a fair settlement that would open the way for the school to be built.
Still waiting for a day in court is the town's law suit challenging the county's plan to build the school with its own on-site sewage system. Loudoun's Circuit Court has put that suit on hold until 90 days after the Supreme Court's decision in the PUGAMP cases. If the Supreme Court agrees to rehear the PUGAMP arguments, the sewer challenge will not be heard until a later date.
You must be logged in to post a comment.