BURG Action alert: Support the town's legal battle!

As you may have heard, Judge Bobby Turk of the Montgomery County Circuit Court has ruled that the developers of the South Main project are immune from the provisions of Ordinance 1450. If this ruling stands, the developers will be able to go ahead with their plans to build a Walmart Supercenter next to Margaret Beeks Elementary. But this is far from the end, as this is a ruling that can be, and should be, appealed to the Virginia Supreme Court. While we expect the Blacksburg Town Council to file an appeal, the Council members need to know that they have our support.

Please write to town council at towncouncil@blacksburg.gov, and tell them that you support taking this case to the Virginia Supreme Court. Town Council will be discussing this question in their working session today (Tuesday, Jan. 29), so please write to them before 11:00 AM, if you can.

Judge Turk's ruling went beyond existing law and Virginia Supreme Court precedent in awarding vested rights to a developer on the basis of only a very open-ended rezoning. We believe that there is a very good chance of having this ruling reversed, especially since it goes well beyond a key 2003 decision, on which the court was divided. Renowned land-use lawyer John Foote, in a recent Roanoke Times article, "characterized Turk's ruling as the most generous reading of the statute to date." It would be tragic to have taken the case this far, without appealing to the forum in which the town is most likely to get a fair hearing, namely, the Virginia Supreme Court.

BURG is also considering filing our own appeal of Judge Turk's ruling, and will be consulting with our attorney this week. We will convene a public meeting with all of our members and supporters before deciding.

Remember: the BURG Mardi Gras Party, a great time in support of the BURG legal fund, is this Saturday, Feb. 2. Check the BURG website for details.

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