Goochland Circuit Court Judge Timothy K. Sanner, after dismissing a request to impose a injunction against VDOT for approving essentially completed River Road alterations on August 6, set a hearing date of November 5 to address an appeal filed by Benedictine and the county on August 14.
On Monday, August 13, the Board of Zoning Appeals voted unanimously to decline a request by the county and Benedictine to stay further proceedings until the Circuit Court rules on the jurisdiction matter.
Sanner said "good" when informed of the BZA August 13 vote. He explained that there is no way that he could rule on jurisdiction before the August 26 hearing on the merits of the appeal to the Plan of Development that has been on the BZA's plate since at least April. He also predicted that the losing party in the BZA deliberations will file an appeal and hoped for consolidation of all issues in November.
At the August 13 BZA session, Dr. Harriet "Dee" Phillips District 3 astutely observed that if the BZA had not acceded to various requests to allegedly streamline the proceedings, the BZA would have already ruled on the appeal. The composition of the BZA is expected to change in the next few months with the addition of new members and departures of current appointees. Ruling on the matter, sooner rather than later, by. BZA familiar with the situation, is more than reasonable.
On August 26 beginning at 10 a.m., both sides will put on their full arguments. Each side will have an hour for oral presentation and witness testimony followed by questions, a linch break an deliberations. This will take place in the board meeting room of the county administration building at 1800 Sandy Hook Road on Courthouse Village. It will be a full that, hopefully, ends with a decision.
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