Life after the BZA
On August 31, the Blacksburg Board of Zoning Appeals voted 5-0 to reverse the decision of Blacksburg Zoning Administrator Steve Hundley, and give the South Main project immunity from the provisions of Ordinance 1450. The BZA decision is a setback, to be sure, but it is by no means the end of the road.
We believe that the BZA decision was fundamentally mistaken. By granting vested rights based on a very open-ended rezoning, it goes well beyond existing precedents. If the arguments the developers' attorneys made, and which the BZA seems to have accepted, were to become law, it would drastically lower the bar for obtaining vested rights in Virginia. This is something that should concern us all.
It would be unconscionable to allow the construction of a supercenter on South Main on the basis of such a flawed ruling. Moreover, the case would play out very differently on appeal to the Montgomery County circuit court.
BURG strongly urges the town to file an appeal within the 30-days allowed. And we support the appropriation of the needed funds to fight this case. Given the damage that a Walmart Supercenter on that site would cause, this is an entirely appropriate use of town funds.
BURG is also preparing our own appeal. As soon as we have a better sense of our financial means, we will make a decision. Many of our members are now aggrieved parties and therefore have legal standing to appeal. This will finally make the town's residents full participants in the legal proceedings.
Please give to the BURG legal fund!
The BURG legal fund has collected about $14,000. We are well on our way to meeting our initial goal of $20,000, thanks to those who have already donated.
With our appeal of the BZA ruling, BURG, and the residents of Blacksburg, will become full participants in the legal proceedings. Our own lawyer will present arguments, request documents, and ask questions, all on our behalf. A big box in the S. Main development will impact all of us, not just those who live next to the property.
Visit our donations page for information on how to contribute.
Let Town Council Know - appeal !
On Tuesday, August 7, the Town Council will be holding a closed session to discuss a possible appeal of the BZA ruling. While we believe the Town Council is inclined to file an appeal, we would like them to know how much support they have in taking this action. If you can, please attend the work session that will proceed the closed discussion of the legal case. There is no public comment at this meeting, but a BURG shirt will send a visual message. The meeting is at 11:00 AM, in the Police Department Training Room, 200 Clay Street.
Also on Tuesday, during the Town Council meeting, look for our "Honk for an Appeal" signs. And, whether you are driving, biking, or walking by, honk!
Please consider contacting the Town Council by email to let them know that you support an appeal of the BZA decision.
Rally!
We are preparing a huge rally for some time in September, to keep our efforts visible, energize the community, and have some fun. The date will be determined to coincide with developments in the legal case. We're thinking big and festive. Contact Carol Guest if you want to help with this event.
