Planning Commission Action Prompts Lawsuit

By Desiree Parker Tuesday, March 09, 2010

James City County is facing a lawsuit after planning commissioners voted not to approve a site plan for a contentious new development in Seasons Trace.

Planning commissioners agonized over Autumn West, a planned development of 24 townhomes, in several Development Review Committee meetings as well as in a few full commission meetings. Last week the commission voted 4 to 3 to deny the plan because a majority felt the site’s complex topography and the severe environmental disruption building would cause wasn’t in keeping with the Comprehensive Plan (and therefore several county ordinances). Read the previous story here.

Citizens who had spoken out against the plan cheered the commissioners, but the beleaguered developer is frustrated enough with the decision to take the matter to court.

Bradley Marris, attorney for Autumn West Investments, LLC, sent a letter to Deputy County Attorney Adam Kinsman advising him of an upcoming “legal challenge” over “the Planning Commission’s illegal denial of preliminary site plan approval.”

Marris suggested his client might back down if the commissioners reconsidered their vote. “If you should learn of any willingness of the Commission to reconsider its improper actions at that meeting, I trust you will contact me immediately,” he wrote.

Kinsman told WYDaily he had expected the developer’s challenge. He has forwarded a copy of the letter to commissioners to review and is waiting to hear what they’d like to do. He’s ready to “vigorously defend” the original decision should they decide not to change their minds, he says.

As he told commissioners at their meeting last week, the decision on the Autumn West case as to whether the site plan complies with county ordinances or not rests solely with them.

The next planning commission meeting will be in early April.