New marijuana laws

 

The Virginia General Assembly passed legislation in its 2026 to legalize the adult cannabis market beginning on July 1, 2027. The state cannabis control board will begin to process retail cannabis licenses in February 2027. According to state law localities like Goochland do not have the power to prohibit this but can regulate it.

At a lightly attended community meeting held on November 5 Deputy County Administrator Sara Worley and Assistant County Attorney Alexandra Spaulding presented proposed amendments to county ordinances regulating where retail cannabis outlets can be located and associated land use. Questions and comments followed the presentation.

Worley said that the proposed ordinances amend chapter 15 of the Goochland code. They would add new marijuana related uses, establish definitions for marijuana establishments, create specific operational standards, add sign regulations, and indicate in which zoning districts these uses are permitted. Zoning code changes must go through the planning commission, perhaps at is January meeting and to the Board of Supervisors for a final vote. Code amendments for civil and criminal penalties are expected to get a board vote in January.

As written, the law uses the terms marijuana and hemp interchangeably even though the concentration of the psychoactive component tetrahydrocannabinol (THC) is different. Worley explained that marijuana or cannabis “is any part of a cannabis plant growing or not. It is seeds, resin, any compounds, extracts or derivatives containing cannabinoids. Explicitly excluded are mature stocks, fiber seed oil cake, or federal and state regulated industrial hemp.”

Hemp is a legal and chemical classification. It is cannabis but not all cannabis is hemp. State law distinguishes between the two based on its concentration of THC, which must be 0.0.3. or less  and how the product  is packaged to be considered hemp.

The proposed ordinance applies only to cannabis concentrations higher than 0.0.3 said Worley. Proposed uses include marijuana cultivation, and microbusiness on land zoned  A-1 or A-2 with a conditional use permit (CUP). Type I processing facilities are allowed in A-1, A-2, M-1 and M-2 with a CUP. Testing facilities are allowed in M-1 and M-2 by right because they are like existing testing facilities, which are currently allowed by right. Retail and dispensing are allowed in B-1 and B-3 zoning districts with a CUP.

Retail regulations prohibit drive-through, walk-up, or vending machines. Outlets cannot be located near schools and have space limits inside buildings.

Outdoor cultivation  requires an opaque fence at least eight feet high around the entire perimeter, controlled access gates, intrusion detection, and unobscured video security surveillance.  Indoor cultivation prohibits light spillage and must include air scrubbing odor control, a noise limit of 55 DBA, waste must be rendered unusable,  and chemical waste must meet hazardous waste regulations. One attendee contended that indoor marijuana growing uses significant amounts of power and water.

Marijuana transporters must be licensed by the county.

Spalding explained that ordinance changes include civil and criminal penalties.

A 3.5 percent tax rate is proposed. That money comes back to the county and does not have to be allocated for any specific use.

There were questions about the definition of regulated hemp in the proposed ordinance amendments.

Dr. Richard Carchman  a retired professor from the School of Medicine at MCV, VCU who is a pharmacologist, toxicologist, and biostatistician asked why the proposed ordinances do not address intoxication while operating a vehicle.

He said that “the states that have legalized recreational marijuana have a spectrum of blood levels that are acceptable or not, including 0. None of these levels are associated with any degree of impairment. So, this is a wonderful thing for lawyers, the defense lawyers. You're going to arrest somebody with a blood level of so many picograms or nothing, and none of those levels have anything to do with impairment. What the Dickens is in the mind of these people?

“For medical marijuana, they usually start around 5% and go up. A recent study out of Switzerland looking at depression found that 13% THC was adequate over a year to reduce depression, 13% do you know what that does to an individual outside of a hospital situation? I think somebody ought to be somewhat concerned about that.”

He contended that state and federal taxes will be layered on top the county’s 3.5 percent making low impact products very expensive. “. . imagine selling a product that costs a lot of money based on the tax situation that doesn't give the impact you want. This is a heyday for the Black market. We have a long known history of the consequences of doing that for alcohol. We have a legal limit set besides physical impairment. The Sheriff's Office has to have deputies take a special course, which the County has to pay for to become capable of identifying somebody who's under the influence while they're driving. That's another cost that the County has to bear. I just see a nightmare situation. So, all the excitement about excise taxes and what the benefit to the schools is a myth. We're going to be paying through our noses at all levels.

“Why anybody in their right mind who's looking to get a real zap would go and spend a fortune on something that won't do anything, eludes me, absolutely eludes me.”

Dillon’s Rule strike again.

Go to https://goochlandcova.portal.civicclerk.com/event/4566/media to see the presentation.

 

 

 

 

 

 

 

November 2026 Goochland Public hearings

 

The November 4 Board of Supervisors’ evening session had a lengthy agenda. During the first hour of the meeting the board heard citizen comment, mostly from opponents of data centers and the gun proposed range near Hadensville, concluding with comic relief when a young man with a plastic manikin performed a Tik Tok stunt.

Some board members commented after citizen comment was closed. Jonathan Lyle, District 5, thanked those who spoke for their engagement and sharing their viewpoints. He reiterated that the land use process is dynamic with twists and turns and encouraged them to continue to share information.

Board Vice Chair Neil Spoonhower, District 2, who presided over the meeting in the absence of Chair Jonathan Christy, District 1, explained that the Southern Infrastructure Study, done in 2024, was not a small area plan designed to gather citizen input. But rather was done to gather data about a specific area, formerly known as the Southern Prime Economic Development Area (SPEDA), to identify existing infrastructure and that needed to support different kinds of development. Data included in the final report (https://www.goochlandva.us/1280/Southeastern-Infrastructure-Study-SIS) illustrated the impact of various kinds of development and improvements needed to support it. The stud included at  least two well attended public meetings.

Spoonhower added his thanks to citizens for their great comments and continued engagement. He also pointed out that the supervisors cannot vote on an application that does not exist.

Most of the attendees departed before the public hearings began.

R&R Remining and Reclamation

This was an application to renew conditional use permits (CUP) for 678.628 acres on Shannon Hill Road in District 1 for mining operations, on three one acre sites on the parcel. An additional parcel was added to provide better access to Shannon Hill Road. The original CUPs were granted in 2021. The renewals are for ten years. Gold was mined in this part of Goochland until the 1930s.

The mining areas are regulated by the Virginia Department of Energy, which prohibits the disposal of offsite materials, toxic chemicals, and trash. No blasting is allowed on the property.

The applicant Paul Busch explained that gold mining from 1880 to 1930 used  mercury—he said that the federal government estimates that five tractor trailer loads of mercury were used in eight gold mines near Shannon Hill Road. He said that his operation, first approved in 2021, was a pilot program to see if minerals on the site could be reclaimed and the land cleaned up profitably. Busch said that the process became more economical when gold hit $5,000 an ounce. In addition to extracting  mercury, Busch is removing timbers coated with creosote used to build the old mine shafts that contaminated ground water.

The board unanimously approved the applications.

KRLB Real Estate Holdings of Rockville, LLC

An application to rezone 17.969 acres on Ashland Road approximately 1,000 feet west of Johnson Road in the northeast part of the county from A-2 to M-2 with proffered conditions, amended to add screening for outdoor storage along Ashland Road, was unanimously approved. The property is in the Rockville Opportunity Corridor,   where other heavy industrial uses, including an asphalt plant that has been in operation for decades, are located. The application included two possible development scenarios for the site. One a single story warehouse, the other a  six-lot option with outside by-right storage for things like heavy equipment and landscaping businesses.

Heavy industrial uses, including data centers, adult businesses, and asphalt and cement mixing, were proffered out, meaning that they are prohibited.  Building turn lanes to access the property was also proffered. The application was unanimously approved.

GCJ Holdings, LLC

An application to renew a CUP for a campground and place of public assembly on 55.31 acres at 1978 Cardwell Road in District 3 was approved and renewed for 10 years.

Serenity Trail, LLC

This application asked to rezone109.23 acres on Maidens Road just south of Poorhouse Road from A-2 to  Residential Rural R-R for, a no more than nine lot subdivision, filed by Wonderview LLC. An earlier attempt to rezone this property for 24 lots was rejected due to concerns about traffic on a narrow, winding road, and the impact of its wells on the water table.

This time around, the applicant proposed fewer, larger lots, significant open space, and restrictions on the amount of land that can be cleared for buildings, wells, and septic systems. A proffer to restrict the pump rate for wells to a maximum rate of 25 gallons per minute, and require deep, drilled wells was included. The applicant said that the existing view shed along Maidens Road will be protected and contended that the project is an example of how low rural impact development should be executed in Goochland. The larger lots, the applicant contended, lend themselves to equestrian uses.

A hydrogeologic study of the property performed by X Mid Atlantic indicated that the project’s wells will have negligible impact on the area’s water table. This kind of study should be mandatory for all subdivisions using private wells anywhere in the county.

The project will build a turn lane, which did little to assuage concerns about safety on a road so narrow that vehicles must execute a version of a porcupine mating dance to pass. The application was approved 3-1 with Spoonhower, who tends to oppose residential rezoning outside the designated growth areas, in dissent.

Main Street Homes of Virginia

This application, which asked to rezone, for no more than 38 homes, a 123.88 parcel on the east side of Manakin Road just west of Tuckahoe Bridge is a whittled down version of an earlier proposal with higher density that became unviable when extension of the Tuckahoe Creek Service District outside the ordinance footprint was denied.

In her staff presentation of the application, Assistant Director of Planning Kerry Ragland described the property as currently open fields and some wooded areas used mainly for farming. It is a family homestead dating circa 1750, its buildings dilapidated, torn down, and abandoned. Lots would be about two acres, with  29 percent open space, mostly surrounded by  trees at the rear of the property.

Proffers include creation of a HOA, which will be responsible for maintaining the open space  common areas and an existing cemetery on the property.

There will be a turn lane from Manakin Road to the project. Additional access will be via connection with Tuckahoe Bridge through a VDOT mandated stub road. Homes will be served by private well and septic systems. At least two fire hydrants connected to the TCSD will be installed, rather than a cistern, for fire protection. The application did not include a hydrogeologic report on the impact of 38 new wells on the water table, or existing wells in the area.

Opponents argued that the proposal, located in a rural enhancement area, did not follow the comprehensive land use plan and enabled “urban sprawl” into farmland, which erodes the rural character of the area.

The broker for the landowner said that her clients are retired and  want to benefit from the growth occurring around them. They believe that the highest and best use of their land is a single family subdivision. She contended that the density of the proposed project is  half of that in Tuckahoe Bridge and similar to that of  the Wheatlands, Ford’s, and Nuckols Forest subdivisions, further west on Manakin Road that have been there for years.

The applicant contended that the reduced density of the project is an appropriate step down to rural enhancement.

Supervisors commended  opponents of the project for their well thought out presentations, but cited road improvements for the project, lower density than Tuckahoe Bridge, and contentions that it is the highest and best use of the land as reasons for approval. Tom Winfree, District 3, said that the county needs homes for Eli Lilly employees coming to the county.

Jonathan Lyle, District 5 said he wants to see population growth in the county slow, and remains concerned about cumulative impact on public safety. He said that the property is a charter farm  that is going to leave agriculture, and that is the landowner’s decision. “I also don't think it's up to us to guarantee that they get a certain return on that property if we allow increased density that is not in compliance with the Comp plan to allow them to get more money for their land. It's an inherited investment, but no investment is guaranteed a return.” Lyle cast the lone dissenting vote.

Let’s hope that Main Street Homes does a better job respecting the Manakin Road neighbors during build out than it did during construction of Songbird.

 

 

 

 

 

 

 

 

 

The Redcoats are coming

 

Ready, set, run to Revolution

A musket volley by Revolutionary War reenactors Mike and Hunter Wilson signaled the start of the third annual Run to Revolution 5K, on the morning of November 7.

The race route began on the “old GES Field” wound through woods near the high school, and around the administration building, touching land where General Cornwallis and his army  camped on his way to Yorktown in 1776.

Period attire

The 5k was presented by the Goochland 250 Commission and the Goochland Historical Society with support from Goochland Parks & Rec and Fire-Rescue and Emergency Services. Sponsors of the 250 Commission included: Honda of Short Pump; Performance Food Group; Courthouse Creek Cider; Goochland Rotary; Midnight Brewery; Elk Island Winery; Greenswell Growers; Wegmans; Goochland Chamber of Commerce; Jackson Blacksmith Shop; Second Union Rosenwald School and Museum; Goochland County; and Elk Hill. The Hon. Manuel Alvarez, Jr., Chair of the 250 Commission organized the event.

Alvarez instructs runners

Eve Barenholtz, attired in period costume, filled the crisp fall air with authentic Revolutionary War era tunes played on her fife. Robin Lind, President of the Historical Society, and Emily Felix, Interim Director, also dressed for Revolutionary times.

And they're off

Fife tunes played by Eve Barenholtz floated through the air.

Several children ran a shortened route of laps around the track and otherwise enjoyed the day. Although the field was small, the event attracted runner Nick Udrija from Hackettstown, New Jersey. The top three finishers were Edward Pasco of Manakin Sabot; Chris Stanley of Rockville; and Jonathan Lyle, also of Manakin Sabot.  

 

November afternoon board highlights

 

Magical times coming soon!

The Goochland Board of Supervisors’ November meeting was held on Wednesday the fourth and starting the afternoon session at 1:30 p.m. Board Chair Jonathan Christy, District 1, was not in attendance. In his absence, Board Vice Chair Neil Spoonhower, District 2, conducted the meeting. They went into closed session at 3:30 to consult with legal counsel about pending and probable litigation.

In his comments, County Administrator Dr. Jeremy Raley said that county offices will be closed on Wednesday, November 11 in observance of Veterans’ Day, and from noon on November  25 through Friday November 27 for Thanksgiving.

A Veterans’ Day observance will be held at 9:30 a.m. in the high school auditorium, which is open to the public. Document shredding and tire amnesty will take place on Saturday, November 14 from 9-1:00 at the Fairground lot near the roundabout at the intersection of Fairground and Sandy Hook Roads in Courthouse Village.

A community meeting on proposed amendments to the Technology Overlay District  zoning ordinances will be held on Tuesday, November 10 from 6:30 to 8:30 p.m. in the high school auditorium. Go to  https://www.goochlandva.us/1490/2026-Ordinance-Update for details.

Visit the county website https://www.goochlandva.us/ for upcoming events. Raley encouraged all to sign up for Goochland at a Glance a weekly newsletter delivered to your inbox every Friday.

Spoonhower thanked the Electoral Board, all election officials, and everyone who worked hard to conduct free and fair elections on November 3. Once again, Goochland seems to have had the highest percentage voter turnout in the Commonwealth.

Human Resources Director Cliff Heller introduced new employees, Niobe Smith as assistant director of utilities and Tess Lynch as a planner two.

The county is already working on its budget for FY28, which begins next July 1. As part of the process, department heads make presentations to the supervisors, and the public to provide insight into what they do.

Human Resources

Heller then gave an update of HR operations and initiatives to build a stronger “team Goochland” by making operational adjustments to continue to attract and retain the best people to serve our citizens. His department, said Heller, includes payroll, recruitment, hiring, compensation classification, HR policy development and review, all employee relations issues, performance management, and employee recognition programs.

The number of budget approved county positions is 352, of which 342 have been hired. Turnover was lower in the last three years than in previous years. Heller contended that reduced employee turnover is an indication of how well the county is run.

An electronic onboarding process  has been put in place replacing paper form with digital ones that go directly into an employee’s electronic file without scanning.

The performance evaluation system has been overhauled using clearly defined terms.

Employee recognition, including heart of service awards to show appreciation for a job well done has been well received, A tuition reimbursement program is another incentive.

Challenges going forward are state mandated parttime sick leave and the possibility that the state will mandate collective bargaining for government employees, whose cost and implementation are not yet known.

Because Goochland competes with our deep pocketed neighbors for the best people, regional bench marking comparing Goochland compensation and health plan schedules is underway.

VDOT

VDOT Ashland Residency engineer Phillp Frazer reported that significant work has been underway to repair deficiencies in roads in the Parkside Village subdivision. He said that to address rutting, bad pavement, and subgrade issues VDOT cut out three feet of pavement to subgrade and discovered “just muck” which is being replaced with appropriate paving materials to fix the problem. Frazer explained that new layers of ashplant stopped short of some manholes, marked by barrels until a subcontractor installs final paving for a “nice smooth finish.”

Environmental

County Engineer Austin Goyne explained that the mission of the environmental department is to protect the county’s natural resources by ensuring that all state code rules and regulations are adhered to during development. It was established to implement the state stormwater program, which resulted in more local control over the development process.

Environmental, explained Goyne, reviews every set of  construction plans submitted to the county to ensure that they adhere to all regulations imposed by state and county code before any dirt is moved. Site inspections are performed every two weeks and following rainfall more than one quarter inch in a 24 hour period. The department must ensure that construction in process meets approve d plans and mitigates any negative environmental impacts. This includes keeping trac of related bonds in case the developer “goes belly up”.

Currently, 973 acres are in active land disturbance activities in the Goochland. Goyne commended his staff for remarkable work in reducing average permit review time from 44 to 19 days. He thanked the board for providing resources to enable improvement.

Th environmental department oversees the application of biosolids, decommission the closed landfill at Hidden Rock Park, acting as a liaison with the Monacan Soil and Water Conservation District, and overseeing conservation easements held by the county, which can require frequent inspections to ensure that any development adheres to deed restrictions.

Goyne sketched out additional regulations that will be imposed on the county in the next few years, which will require additional funding and employees. He suggested that the supervisors consider increasing stormwater permit fees, especially for large projects, and  reviewing the fee structure going forward keep up with the cost of regulatory changes.

Parks and Rec

Director of Parks and Recreation Tom Cocke gave his department’s quarterly update. Don Leftwich is now park superintendent overseeing grounds management. Cocke and Assistant Director of Recreation, Angelia Miller have become certified CPR/AED instructors enabling them to train full and part-time staff in these skills.

The 2025 holiday tree lighting event and narrative won an award at the state conference.

Between July and September, more than 50 k people visited one of Goochland’s parks, about a ten percent increase over last year. The total for FY26, which ended on June 30, was 194,444, 6.7 times the total county population.

The Fourth of July fireworks, which Goochland unlike many of our neighbors, did not cancel, drew a good crowd as did the celebration of the 200^th  birthday of our iconic courthouse in September.

There were 100 animals exhibited in this year’s ag fair, which continues to grow.

Parks & Rec partnered with the tourism arm of economic development to make a promotional video highlighting Leake’ Mill Park and our great mountain bike team, and Tucker Park.

A partnership with a non-profit, Power of Parkinson’s, provides therapeutic offerings for residents with Parkinson's disease at no cost to the county.

Cocke spoke about an efficient  new employee, the painting robot, able to paint the football field in hours instead of days freeing employees for other tasks.

Appointments

Matt Brewer was appointed to fill the district 2 planning commission seat  from November 1, 2026, through March 31, 2028. A lifelong Goochland and local business owner, Brewer previously served as a planning commissioner for 12 years. He brings experience and sound judgment to the position. Spoonhower thanked Amanda Kowalski, who  resigned earlier this year, for her service to the county and being a great partner to him. Spoonhower thanked all four people who expressed interest in the position and hopes they would stay engaged.

Tom Winfree said that his appointee for the district 3 seat on the planning commission, Josh McMahon got his attention wit the following words “I'm interested in serving on the planning commission because I care about how thoughtful growth and development shape our community for generations. As a local home builder, I have firsthand experience with land development, construction, infrastructure permitting, and the challenges that come with balancing growth with the character of a community. I believe I can bring a practical, solutions oriented perspective to the commission, while also learning from other members and listening carefully to residents. My goal would be to help make thoughtful, responsible decisions that support appropriate growth, protect what makes our community a great place to live in a position, it will, and position it well for the future.”

Winfree thanked Jess McLaughlin for doing an excellent job during his service on the planning commission and wished him well.

Go to https://goochlandcova.portal.civicclerk.com/event/3419/media to watch the entire meeting.

 

 

 

 

 

 

 

 

 

Meet our new neighbor

Goochland officials "breaking ground

Bright blue skies blessed the official groundbreaking for the Eli Lilly facility in West Creek on October 22. Dirt has been moving on the site, which hosted soccer games until last year, for a while, but Lilly is just getting started.

The company is marking its 150^th anniversary. Go to https://www.lilly.com/about/history for an overview of our new neighbor.

Dignitaries including Governor Abigail Spanberger, US Trade Representative Ambassador Jameson Greer, Dave Ricks the CEO of Lilly, Eric Orocho site head for the facility, and Jonathan Christy, District 1 chair of Goochland’s Board of Supervisors used shovels painted in Lilly’s signature red to mark the start of something big. Last September, Lilly announced that it had chosen Goochland as the site for a $5 billion—with a b—advanced pharmaceutical manufacturing facility.

Following a brief video about Lilly’s community outreach projects, Orocho explained that being a good neighbor is part of the company’s operating culture. People who work for Lilly are part of the community.  

“The Goochland site will be more than facilities, technology, and equipment but people who share values with the surrounding community. This is just the start of our  relationship with the community. That’s what I’m most excited about.”

Ricks thanked the many member of the Richmond team. He observed that while pharmaceutical science has changed  through  the years, breakthroughs only succeed when someone figured out how to make them at scale. He thanked all for the “partnership that got us here.”

The $5 billion facility is one of ten new manufacturing sites announced by Lilly since 2020 and one of five slated to produce active pharmaceutical ingredients (API) and finished medicines in a fully integrated facility with dedicated API capacity for large molecule and bioconjugate medicines in America. Ricks said that for decades APIs were produced overseas. Policies at all levels of government from local to federal made this  reshoring possible.

The Goochland facility is unique because it will bring the entire process in one place to provide greater control from the basic ingredients to the final medicines shipped to patients. “It will give us the confidence to say that every dose is of the highest quality.”

The West Creek facility will produce a new kind of cancer treatment, said Ricks, called antibody drug conjugates(ADC) designed to target cancer cells with greater precision, yielding more powerful treatments with potentially fewer side effects. “Lilly Richmond (Goochland) will help make sure these innovative treatments can reach the people who need it,” said Ricks.

The Governor thanked all who had a hand in bringing the Lilly investment to Virginia, including her predecessor Glenn Youngkin and his administration, for their hard work. She said that the Lilly investment was initially expected to be about half of $5 billion and opined that the increase indicates that Virginia is welcoming and provides a clear opportunity for Lilly to build and expand in the Commonwealth. Construction of the facility, whose operation will create 650 high paying jobs, is estimated to create 1,800 construction jobs.

Ready to move lots of dirt

Greer also commended all who brought the Goochland facility to fruition. He noted that in early 2025, Lilly made a commitment to invest $27 billion in American manufacturing. Greer said that the ADCs that will be made here are the realization of a more than a century long quest to create a “magic bullet” therapy so precise that it could travel through the human body, find a diseased cell, and destroy it while leaving the tissue around it untouched. “It was simply a dream until now and will be made here by American workers.”

Lilly’s substantial investment in American manufacturing represents a commitment to economic and national security well as to the workers who provide for their families and are the core of local communities.

Reshoring American manufacture of pharmaceuticals reverses our country’s decades long dependence on foreign suppliers which lead to the loss of capacities and technologies created here, said Greer.

The Goochland facility will combine a highly skilled workforce, advanced technologies, and specialized manufacturing to support a supply of safe, high-quality medicine. It will be built and operated to the highest standards for safety, quality and environmental stewardship. Lilly is committed to being a good neighbor in Goochland County and a trusted partner across Virginia. The site is targeting a Leadership in Energy and Environmental Design (LEED) Gold certification, demonstrating Lilly’s focus on sustainable performance as it expands advanced manufacturing in the U.S. 

Making advanced medicines in the U.S. requires a highly skilled workforce. Lilly is building that workforce in Virginia, offering long-term careers where people can grow close to home. Lilly has committed $40 million to support the Virginia Center for Advanced Pharmaceutical Manufacturing, a statewide network of industry, government, and higher education partners that will prepare Virginians for those careers. The network will include a pilot-scale, hands-on training center in Goochland County, with a targeted opening in 2028.

Christy said “Lilly’s groundbreaking marks a significant investment in Goochland County and an exciting step forward for our community. We proudly welcome Lilly and the opportunities this project will create for quality jobs, economic growth, and lifesaving innovation.”

Lilly is currently hiring in Richmond and expects the new facility to create 650 high-wage jobs like engineers, scientists, operations personnel, and lab technicians – along with approximately 1,800 construction jobs as the site is built and brought online. Visit the Lilly Richmond career page for open positions or join Lilly's talent community for future opportunities.

Observations from Goochland Circuit Court on October 20

 

The next action in the court case filed by several Goochland residents seeking to void the Technology Overlay District approved by the Board of Supervisors last November took place on October 20 in Goochland Circuit Court. At the start of the proceedings to consider a demurrer, Goochland Circuit Court Judge The Hon. Timothy K. Sanner announced that he would not rule from the bench but provide a written decision as soon as possible.

In Virginia law, a demurrer is a procedural device used by a defendant to challenge the legal sufficiency of a plaintiff’s civil complaint. The purpose of a demurrer is to test the legal adequacy of the plaintiff’s cause of action, rather than the truth of the factual allegations. If Judge Sanner rules that plaintiff allegations are sufficient, the case could proceed to trial; if not, the case could be dismissed.

The plaintiffs’ attorney is Phillp Strother. The plaintiffs ask that the TOD be declared void.

The defendant, in this case Goochland County, the Board of Supervisors, and Planning Commission, is represented by Micheal J. Finney and Monica Monday, of the Gentry Locke law firm, asks that the court dismiss all counts of the complaint with prejudice, meaning that the case is closed and the plaintiff cannot refile the exact same case. Stating that only the governing body, the board of supervisors, is responsible for adopting county zoning ordinances, comprehensive plan and map amendments, defendant counsel asked that the county and planning commission are not “proper parties” to be named in the complaint and asked that they be dismissed from the case.

Counsel for the plaintiff argued that their allegations are adequate to move the suit forward. Defendant counsel refuted plaintiff arguments. Both sides spent three hours citing case law.

The complaint, filed last December, alleges that the adoption of the TOD and related actions were taken in conflict with Goochland County zoning ordinances and failed to comply with  Commonwealth statutory and constitutional principles. It also alleges that the county did not follow advertisement and notice procedures required by state law.

Since the suit was filed, the plaintiffs have “nonsuited”–removed from the complaint— all but three of the initial nine counts, including an allegation that the defendants acted “arbitrarily and capriciously” in adopting the TOD.

The remaining points of contention involve the standing of the plaintiffs—their legal ability to bring the suit—whether the county adhered to public notice and advertisement requirements of state statute; and whether the supervisors exceeded their legal authority to change the permitted uses in existing zoning districts inside the TOD boundaries.

To  justify standing, plaintiffs in a lawsuit against a zoning action must prove that they own or occupy land inside of or in close proximity to the property in question. The county argued that the plaintiffs do not own land or live in the TOD. Plaintiffs, most of whom live in either Mosaic or Readers Branch, contended that they do have standing because their property is in close proximity to the TOD.

Plaintiffs must identify specific actual harm caused to them by the zoning action. The county argued that the complaint contains generic “cookie cutter” allegations of harm caused by data centers including decreased property values, increased noise, pollution, traffic, and imminent risk of intensive industrial development in close proximity to the homes of plaintiffs.

Plaintiffs alleged that the county failed to provide proper notification about community meetings and public hearings concerning the TOD. The county contended that because plaintiffs attended and commented at TOD community meetings and public hearings, they are considered to have waived their right to notification.

The complaint alleges that the TOD creates a new zoning district. The county contends that an “overlay” district does not change existing zones, but rather “overlays” additional requirements that are applied uniformly to building and uses therein.

Plaintiffs allege that the county violated state law by authorizing industrial uses in the A-2 parcels in the TOD that are otherwise prohibited. The defendant contended that the supervisors lawfully amended the applicable zoning laws and regulations when approving the TOD.

Judge Sanner listened attentively to the arguments, took notes, and asked a few clarifying questions.

 

 

 

 

 

 

 

Nuts and bolts of local government

 

Monthly meeting agendas of the Goochland Board of Supervisors typically include many topics, and housekeeping matters that require their formal approval. October 6 was no different. Go to https://goochlandcova.portal.civicclerk.com/event/3418/media for a video of the meeting.

Following are some highlights.

Board Chair Jonathan Christy, District 1, commended the Goochland Sheriff’s Office for partnering with schools and the county to create The School Safety Task Force to ensure that our students have a safe environment in which to learn.

He invited all to attend the countywide town hall meeting on Wednesday, October 21 starting at 6:30 p.m. in the high school auditorium. The meeting, which will be livestreamed, will share updates on schools, county finances, and other topics.

County Administrator Dr. Jeremy Raley, Ed. D. announced that the Fall Festival will be held on October 24 from 11 to 2 on the “old GES field” on  River Road West past the administration building. Trick or Treat will be held at the admin building on October 30 from 3:30 to 4:30 p.m.

County offices will be closed on Tuesday, November 4 for election day.

The supervisors approved a resolution recognizing October 2026 as domestic violence awareness month. Representatives of GoochlandCares https://goochlandcares.org/ which offers sexual and domestic violences services, reported that in the past year, the organization handled 62 cases. Neil Spoonhower, District 2 said that he was on the GoochlandCares board when the service began and noted that, while Goochland seems to be safe place, the 62 cases are more than one per week.

New employees were introduced and welcomed to team Goochland. Among them were seven new career fire-rescue providers. Employee quarterly award winners were announced.  It is nice to see the county celebrating the hard and excellent work of the people who make local government efficient, effective, and responsive.

Information technology was named team of the quarter, a well-deserved accolade. IT is responsible for the live stream and archiving of public meetings, Also, they maintain, troubleshoot and optimize all County computers, desk phones and audio-visual equipment, handle  public transparency and AV operations, fulfill FOIA requests, manage our live recordings, and providing technical support for all County meetings and public town halls. Our graphic information systems or GIS team is also a part of the IT department. They manage and update GIS mapping services to support spatial data analysis, workflows and public mapping applications.

Superintendent of Schools, Dr. Andy Armstrong gave an update on the excellent work our schools are doing to help prepare our children for successful and satisfying lives. He reported, in response to a question posed at the October 4 town hall meeting, that of the 97 2026 Goochland High School graduates who earned an associate’s degree from Reynolds Community College, at least 90 are currently enrolled in bachelor’s degree programs as third year students, having completed their general education requirements, and saving two years’ worth of tuition.

During his comments, Armstrong issued an invitation to the “The Play that Goes Wrong” the latest production by the excellent high school drama department from Thursday October 15 through Sunday, October 18 at the high school. Go to https://sites.google.com/glnd.k12.va.us/goochland-drama-dept/home for details and to buy tickets.

As the budget process for FY28, which begins next July 1, is gearing up, reports by department heads will be included in board agendas.

General Services

Scott Foster, Director of General Services, began his presentation with a list of functions his department oversees. These include facilities management; convenience centers; project management; security card and key access; fuel management; vehicle replacements; renovations; street signs; pole banners; and voting machine delivery and pickup. The facilities team, consisting of 2/12 employees—one works half time on administrative tasks, responds to more than 220 work tickets a month.

Key projects facilities management is working on include renovation of the community development space; the implementation of energy management software; construction of Sandy Hook Fire-Rescue Station 8 and design of West Creek Fire-Rescue Station 7; cleaning up right of way signage; the new courthouse; and development of a safety and risk program.

Facilities management hosts several annual events, including shredding and tire amnesty—the next is scheduled for November 14—this includes agricultural tires. Foster said that the tire amnesty program would not be possible without the help of the high school’s Marine Corps Jr. ROTC cadets. Last year, the program processed  more than 520 tires and 10k pounds of shredded material.

Foster said that he regularly fields citizen queries about when a convenience center in the east end will be built. This is still on the ‘wish” list.

Challenges to his department include providing workspaces for an evolving workforce and hiring staff to handle increased facilities.

Transportation

County Engineer Austin Goyne, who oversees transportation, and environmental matters in community development, gave the board un update on transportation projects in the county.

He explained that his department’s mission is to provide safe and efficient road networks, which serve all of Goochland County, to serve the businesses and the residents through road improvements funded by state, local, and federal sources. “The key thing I want to point out  is that we have over $302 million in funding committed to road projects throughout the County. That is an absolutely remarkable accomplishment, and one of our recent accomplishments is in smart scale dating back to 2024.”

Spoonhower, who works with Goyne on the Central Virginia Transportation Authority (CVTA), said that until the county created a position to concentrate on roads, filled mostly by Goyne, Goochland had little success competing for these funds.

Goyne  pointed out that Goochland County has been very successful in securing funding for transportation projects from various sources, which include regional gas tax, state and federal sources such as smart scale; funds that the board appropriates out of the general fund; and transportation proffers. Through June of 2026 funds totaled almost $16 million from Central Virginia Transportation Authority local: CVTA regional, a little over $67 million, and then state and federal sources just shy of $223 million.

The CVTA was created in 2020 when nine localities in the Richmond region entered into an agreement to distribute the gas funds, gas tax funds collected in the region; 50% gas taxes collected here come back to Goochland County. This translates into approximately $300,000 in revenue reported in the last fiscal year, almost $16 million since 2020. Goyne urged people to buy gas at one of the county’s 16 gas stations. About seven cents per gallon of gas purchased here comes back to Goochland.

He then explained how transportation dollars are being spent. The number one project is the Ashland Road diverging diamond over I64. This has a fixed completion date of 2029. Goyne expects “dirt to be moving” in August of 2027. He will be asking the supervisors to fund making Ashland Road four lanes from the interstate to the Amazon facility to ease congestion.

The Fairground Road extension from Sandy Hook Roud to Route 6 is expected to go to bid next spring with completion in early 2029.

Bids for the  Oilville Road roundabout on the westbound I64 off ramp came in about $240k over allocated funds. VDOT is willing to split the overage 50/50 with the county. Discussions about fund allocations are underway with completion expected in 2028. The Fairground/Maidens Roads roundabout recommended by a safety study, is in very preliminary engineering studies, with completion perhaps in 2030.

The Hockett Road extension has been renamed Ashland Road and is in the process of yet another reconfiguration to address topographical issues at the entrance to the emergency vet. Completion might be in 2029.

Pedestrian connectivity—read sidewalks—in Courthouse Village to connect Swann’s Inn with the commercial hub is in process. Goyne gave no estimate of a completion date. This will be completed in phases with the goal of having sidewalks on both sides of River Road West. Securing rights of way across private property and utility easements are complicating factors.

Other transportation improvements on the radar screen include a realignment of Rockville Road, and signalization of the Broad Branch Drive/West Creek Parkway intersection as the Lilly project moves forward. Discussions with VDOT to replace three failing bridges in the county that are unable to support the weight of fire-rescue apparatus, which increases emergency response time.

Go to about the 1:50 minute mark on the video to listen to Goyne’s full presentation.

Weekend early voting begins October 18.

 Early voting hours will be offered  at voting at the Goochland Sports Complex, located at 1800 Sandy Hook Road, Goochland, VA 23063 on the following dates:

• Sunday, October 18 from 12:00 p.m. to 5:00 p.m.
• Saturday, October 24 from 9:00 a.m. to 5:00 p.m.
• Sunday, October 25 from 12:00 p.m. to 5:00 p.m.
• Saturday, October 31 from 9:00 a.m. to 5:00 p.m.