By Sally Semple
Litigation challenging a Walker Drive development is awaiting a court date to determine whether the seven Warrenton residents who sued the Town of Warrenton have standing to do so.
Fauquier Circuit Court Judge Jeffrey Parker is also expected to rule on assertions by the litigants that the retail and residential development will be harmful because of increased road noise, traffic, light pollution and threats to personal safety. The town has called these assertions “speculative.”
The citizens’ suit against the Town alleges that the Walker Drive rezoning fails to meet the basic land use mix and applicability criteria of the town’s Planned Unit Development ordinance, and that the town failed to follow waiver, proffer, and public hearing requirements in Warrenton and State laws. The project was approved 6-1 by town council last August following a spirited public hearing.
The complaint also alleges harm to the private property rights of the five plaintiffs who are party to an ingress-egress easement granted by the Edgemont Homeowners Association to the Town of Warrenton.
The town’s approval of a pedestrian path to the Walker Drive development may violate the easement, which may be used only for emergency purposes.
The town has requested that the applicants (East Side Investment Group, LLC, Walker Drive Investment Group, LLC and Springfield Real Properties, LLC ) be added as defendants to the case.