The sad saga of Andrew McRoberts

News of the resignation of Goochland County attorney Andrew McRoberts traveled through the community like wildfire well in advance of the notice published on Friday.

The announcement was met with jubilation by many who believe his departure was long overdue.

Hired as the first full time county attorney in 2001, McRoberts’ tenure in Goochland began with great promise that was never fulfilled.

As our once sleepy county moved into the 21st century, McRoberts faced an extended to do list when he walked in the door. The ink on the contract between Capital One and Goochland was still wet as the county turned its attention to expanding public utilities in the eastern end of the county.

McRoberts did much of the cobbling together of right-of-way easements, contracts and agreements with Henrico for water and the City of Richmond for sewerage into the Byzantine arrangement known as the Tuckahoe Creek Service District.

He also handled lawsuits spawned by that project.

They included a challenge to the water tower contract by the lowest bidder, whose proposal was declared non-responsive; a dispute over the location of the road to the Rt. 6 pump Station; the Bryant Electric fiberglass pipe installation matter and the two massive West Creek real estate assessment challenges that resulted in exhaustive court cases.

Although McRoberts worked long and hard on all of the litigation, outside counsel costs are believed to have exceeded $1 million.

McRoberts’ aggressive defense of the county’s 2000 assessment of West Creek generated far more legal fee expense than real estate tax. His contention that the county needed to stand firm in the face of assessment challenges lest other property holders become emboldened was sound. Somewhere along the way, however, the process seems to have gotten out of control.

According to West Creek insiders, McRoberts’ idea of a successful mediation is total capitulation by his opponent.

Goochland Circuit Court Judge Timothy K. Sanner, and on appeal, the Virginia Supreme Court upheld the county’s position. After the second week-long trial, however, Sanner chastised McRoberts’ team and opposing counsel for their conduct during the proceedings.

McRoberts has been sanctioned and fined by Sanner at least once for his failure to comply with court instructions in a timely manner during litigation. It is unknown if the county paid those fines or they came out of McRoberts’ pocket.

While at Goochland, McRoberts was elected president of the Local Government Attorneys of Virginia, Inc.

McRoberts was at least partially responsible for perverting zoning ordinance enforcement into a form of punishment. We may never know if he did this on his own initiative or just zealously followed directions from the former county administrator or factions on the board of supervisors.

The torment endured by Debbie Gibson, owner of the Paws Inn kennel in Centerville, degenerated zoning enforcement into outright persecution. Although on the surface, county complaints focused on barking, odor and escaped pets, the true motivation for the enthusiastic pursuit of zoning compliance may well be more sinister.

A land map shows that the Paws Inn property sits like a keystone in an arch formed by properties lining Plaza Drive. Before the advent of public utilities the land, though conveniently located, had limited potential. Once water and sewer were in place, however, the Paws Inn site became an impediment to development of surrounding parcels. Instead of encouraging and assisting Gibson to relocate, the county, enabled at least in part by McRoberts, has relentlessly attempted to destroy Gibson’s successful and tax paying business..

Andrew Dykers, owner of Orapax Plantation, a commercial hunting preserve, has been at odds with the county and some of his neighbors for about 20 years. In 2007, Dykers let it be known that he planned to file an application to build a sporting clays shooting range at Orapax, which, he contended, was permitted by county zoning laws as an accessory use to his main business.

Before Dykers could file that application, McRoberts presented the supervisors with an emergency ordinance to redefine accessory use. During the presentation of the proposed ordinance, Bob Hammond, director of planning and zoning contended that an emergency ordinance was needed to prevent construction of illegally sited garages, which he estimated happened about twice a year. Two out of place garages per year is certainly cause for emergency action.

The board approved the measure. The ensuing dispute included hearings before the planning commission, supervisors, Board of Zoning Appeals and may still be involved in litigation.

During repeated postponements of the Orapax hearing, the BZA experienced an 80 percent turnover in members. Along the way, the BZA decided that it needed its own lawyer because McRoberts deluged it with materials supporting his argument, including briefs and case law citations beyond the ken of ordinary folk.

Indeed, this was viewed by some as an imposition on people willing to do their civic duty by serving on the BZA.

The Orapax hearing, which occurred about six months after its initial scheduled date, resulted in a tie vote (one member was out of the country on a previously scheduled mission trip.) That outcome upheld the county’s position.

During his tenure, McRoberts at least facilitated if not encouraged the supervisors’ proclivity to conduct business behind closed doors. Indeed, since the arrival of interim county administrator Lane Ramsey, closed sessions have dwindled markedly. There was none at the supervisors’ May 5 meeting, a trend that will hopefully continue.

McRoberts’ relations were at best contentious with some supervisors. Other board members seemed cowed by his professional prowess, which he often touted.

Although no authorship was ever attributed for the Signgate fiasco or the expanded supervisors’ code of conduct, which caused much heartburn in January, it is difficult to believe that McRoberts was unaware of either matter.

Charged with advising the county staff and supervisors about legal matters, McRoberts should have strongly argued against sending what amounted to threatening letters to property owners displaying large campaign signs for Ned Creasey and Pat Turner during the 2007 local elections.

Although the county got only one complaint about the signs, 17 people received letters. We still do not know who compiled the list.

McRoberts’ cost to the county above and beyond his generous compensation package may never be known. It may takes years to unravel unintended or unforeseen consequences of his time as county attorney.

It is good news indeed that this strange chapter in Goochland government is over.

Let’s hope that the supervisors have learned from their mistake and will work with the incoming county administrator to fill the post of county attorney with a competent lawyer anxious and willing to serve the government and people of Goochland in a fair and just manner.