Attention on a Local Issue

The Hampton City Council has ignored a successful petition from the citizens of Hampton in regards to the citizens' attempts to keep Buckroe Beach open to the public. This is not about development, but about illegality on behalf of the city. You can read much about this in the Daily Press by doing a search for 'Buckroe'. I encourage this type of citizen action against illegal decisions by local governments. Below is the text of a press release from the petitioners against the city's action:

FOR IMMEDIATE RELEASE

PRESS RELEASE
February 11, 2010

BUCKROE BEACH BAYFRONT PETITIONERS SUE CITY AND DEVELOPER
TO ENFORCE ZONING LAWS

The Buckroe Beach Bayfront Park Committee, whose successful Petition forced City Council to repeal a zoning ordinance that would have allowed a housing project on the property, have invoked the protection of the law again in an effort to save the property.

The Committee, and its five representative members, filed a suit today in the Hampton Circuit Court against the City of Hampton and developer POH 2010 LLC, contending that the two are permitting the construction project to go forward in spite of zoning to the contrary.

The suit alleges that the City Council’s original rezoning ordinance No. 09-0238 was approved on June 10, 2010 for the express purposes of providing the necessary zoning predicate for the Parade of Homes construction development on the Buckroe open space.

The suit further contends that when over 7,300 Hampton voters signed a Petition under the City Charter seeking either the repeal of the Ordinance or a Referendum by the City’s voters, the Council relented on the development project and repealed the earlier zoning change.

According to the suit, notwithstanding the Council’s restoration of the original zoning classification for the Buckroe Beach property which does not allow such a housing development as proposed by the developer, the developer is moving forward with such plans with the City’s express permission and consent.

The suit seeks a ruling from the Court that the City’s and the developer’s actions are in violation of the existing zoning laws and are therefore unauthorized and unlawful.

The Buckroe Beach Bayfront Park Committee vows to pursue its fight to protect this last piece of Buckroe bayfront open space as far as the law permits. The Committee stresses that not only is the preservation of environmentally critical open space at issue, but in light of the City’s actions in the face of the Council’s reversal of the zoning, the very integrity of the Hampton City government and its fidelity to its citizens is implicated as well.

For further questions, or information, regarding the suit, please contact the Buckroe Beach Bayfront Park Committee’s litigation counsel, Andrew M. Sacks, of Sacks & Sacks in Norfolk, at 757-650-6000 (cell) or 757-623-2753 (office).