Virginia Supreme Court to Consider Unprecedented Challenge of Reston’s Master Plan

Attorneys for the owners of Reston National Golf Course have filed a notice that they plan to appeal our Circuit Court victory to the Virginia Supreme Court. This notice gives RN Golf the right to file a petition for appeal by the 90th day after the December 4th final court order. Our count shows this deadline as March 3, 2016. Our team then has 30 days to file a brief in opposition. “Our team” is Fairfax County, Reston Association and the petitioners whom Rescue Reston is helping with their legal funding. This triumvirate has proven itself through winning at every level to this point. Next at the Supreme Court level: A three-judge panel will consider whether the Supreme Court should hear this case. Most likely this will happen in May. The Court does not take most cases. We expect the crux of this case will be whether the Vulcan Materials case, which said that a BZA decision rendered in the absence of a development plan filed with the county is merely advisory, should apply. It’s not clear whether the Court would think there is any benefit in taking the RN Golf appeal; they might if they wanted to clarify or otherwise modify Vulcan. If you are interested, read about the Vulcan case at http://law.justia.com/cases/virginia/supreme-court/1994/930764-1.html. Current action for our team’s legal: File briefs in opposition. The petitioners’ attorney will argue that Vulcan applies. The County and presumably RA will file similar briefs. If the Court decides not to hear the case, this action could be over in May or early June. If they do take the case, the next step will be setting...

Golf Course Residents Appeal BZA Decision to Circuit Court

The Petition for Appeal of the decision of the Board of Zoning Appeals, which was filed on May 15, 2015 on behalf of ten Reston homeowners and two cluster associations, can be found below. The BZA overturned certain key decisions of the Fairfax County Zoning Administrator regarding potential development of the Reston National Golf Course. These ten homeowners and two cluster associations all own property adjacent to the golf course and have legal standing to file the petition for appeal because they all are directly impacted and harmed by the BZA’s decision, which opens the door to re-development of the golf course property. While Rescue Reston as an organization may not necessarily have legal standing under Virginia law to file an appeal and therefore is not a party to the appeal, it is supporting the homeowners and cluster associations because a win for these parties will help to protect the golf course as the open space it was always intended to be, and will thereby benefit all residents of our community. Your contributions to Rescue Reston will help fund the costs of this litigation. The Fairfax County Attorney’s Office and Reston Association have also filed appeals of the BZA ruling. We will posting an update later with links to those documents. Below are links to the related documents for this appeal: 5-15-2015 Petition for Writ and Appeal of 4-15-2015 BZA Decision Exhibit 1 – 4-22-15 Letter from BZA Clerk to Frank McDermott, RNGC Counsel  Exhibits 2-2A-2B-2C – Location Map and pgs 199-200 Comp Plan with RMP Exhibit 3 – C-135 Development Plan with notations Exhibit 4 – C203 Development...

Rescue Reston Will Appeal to Circuit Court

Rescue Reston’s attorney Randy Greehan is working diligently on our appeal which will be filed by the May 15 deadline. Read more about Mr. Greehan’s experience here: http://www.gtpslaw.com/our-team/62-2/. On Monday evening Reston Association will hear advice from their counsel, and on Tuesday the Board of Supervisors will hear from theirs.  We each (RA, County, Rescue Reston) have different specific pieces we may appeal, but appeal we must. As we said last week: “Letting the BZA ruling stand unchallenged will disadvantage, now and in the future, the County and the Reston community from being able to regulate and control redevelopment requests for the 166-acre golf course property and potentially other properties in Reston within the RPC/PRC...

Action Alert

If you live in Fairfax County – we need you to email your County Supervisor NOW asking to appeal the BZA decision. Below is a sample email. Copy and paste with your name and home address or modify as you choose. Live in a different district than Hunter Mill? Check here to find your District Supervisor’s email: www.fairfaxcounty.gov/government/board/. To: huntermill@fairfaxcounty.gov cc: chairman@fairfaxcounty.gov Subject: Allow an Appeal of the BZA Decision regarding Reston National Golf Course Dear Supervisor Hudgins, I am writing to request that you authorize the County Attorney to appeal to the Circuit Court the BZA’s April 15, 2015, decision in Appeal Application A 2012-HM-020, RN Golf Management, LLC, Tax Map Ref Nos. 17-4 ((11))4A, 26-1((2))8 and 26-1((5))4. This appeal involved the Reston National Golf Course property. The BZA’s decision was legally and factually wrong and needs to be appealed to the Court. It patently disregarded the approved development plans for the Reston National Golf Course, as well as the adopted Reston Master Plan and the County’s Comprehensive Plan, all of which only allow golf course and open space uses of the golf course property. Because of the findings and conclusions made by the BZA in conjunction with its decision, including some that the BZA failed to even put in its decision motion, it is patently obvious that the legislatively-approved RPC development plans for the property, certified by the Zoning Administrator as the final approved plans, were disregarded by the BZA. Letting the BZA ruling stand unchallenged will disadvantage, now and in the future, the County and the Reston community from being able to regulate and control redevelopment...

County requests clarification from BZA

In preparation for a potential appeal, the Fairfax County Zoning Administrator has formally requested a clarification of the vague April 15, 2015 BZA determination on the status of Reston National Golf Course. Copies were sent to attorneys for Fairfax County, Reston Association and Rescue Reston. You can read it...
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