City responds to 2005 JPA suit
The City of Charlottesville has responded to a lawsuit in Charlottesville Circuit Court seeking the voidance of a special use permit granted by City Council in mid-September. Around a dozen neighbors of 2005 Jefferson Park Avenue filed a motion a month later.
Charlottesville City Attorney Lisa Robertson has filed a motion for demurrer to throw out the suit claiming that none of the plaintiffs have standing to bring the case.
“The Complaint fails to allege facts demonstrating particularized harm from the City’s zoning decision to any of the Plaintiffs,” reads the demurrer. (read the city’s response)
The demurrer also points out that several of the Plaintiffs did not sign the Complaint and should be removed from the case. Robertson also argues that Council acted in a reasonable manner and that none of their counts rose to the level of an actual legal complaint.
In another court case, Slightly related, legislation between the city and the county over the usage of bikes at trails at the city-owned Ragged Mountain Natural Area remains alive. Supervisors went into closed session on November 16 to receive advice from the county attorney. For background, read this July 2017 article on Charlottesville Tomorrow.
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