Parties involved in a lawsuit against Charlottesville’s relatively new zoning code spent less than half an hour Thursday making arguments about whether the judge assigned to the case should recuse himself.
Circuit Court Judge Claude Worrell has been presiding over the White v. Charlottesville case since it was filed last January. In August 2022, Worrell also ruled in a previous case filed seeking the voidance of the city’s Comprehensive Plan and three out three of four counts. Charlottesville City Council dealt with the remaining count by re-adopting the state-mandated guiding document.
The attorney for both sets of plaintiffs is Mike Derdeyn of the firm Flora Pettit. In the first case, his clients were anonymous but the plaintiffs in the second case identified themselves in the pleadings.
Derdeyn filed a motion in January asking Worrell to voluntarily recuse himself for several reasons. First, he noted that judges in other Virginia localities with similar land use cases have recused themselves, such as four members of the Arlington County Circuit Court.
Second, Derdeyn argued that Judge Worrell issued inconsistent opinions in the two Charlottesville cases.
“His Honor dismissed the plaintiff’s claim in Doe on the ground that they filed their suit too early and would have to wait for a zoning ordinance to be passed to challenge the Comprehensive Plan,” Derdeyn wrote. “Plaintiffs in this case followed His Honor’s instruction, only to have their claim dismissed on the ground that they filed too late.”
A third claim in the motion called into question Worrell’s written opinion issued in November in the White v. Charlottesville case that seemed to indicate a ruling could be made, despite an invitation to the plaintiffs to file more evidence.
But the fourth claim argued Worrell should recuse himself based on his wife’s participation in advocacy on housing issues as well as being a member of the city’s Human Rights Commission.
At today’s hearing, Derdeyn suggested Judge Worrell step back and try to imagine what all of that would look like to a person just learning about the case.
“Their reaction is that this doesn’t sound fair,” Derdeyn said. “My clients feel like the rug was pulled out from under them.”
The city was represented by Ryan Starks of the firm Gentry Locke.
“We challenge the motion because the city desires prompt adjudication,” Starks said. “Why spend additional city resources to get a new judge up to speed?”
Starks said the plaintiffs were attempting to roll the dice in order to get a judge who might be more favorable to their arguments. He also argued the rulings are not inconsistent and said the plaintiffs had not submitted any actual evidence that Worrell should step away. He also alleged the motion to recuse was filed after Worrell issued a written opinion on January 14 that City Council had the approval to grant a special use permit for additional density at 2005 JPA. (link to story)
“Plaintiffs do not like that ruling, but that’s too bad,” Starks said. “We need to move forward with this case.”
After a rebuttal from Derdeyn, Judge Worrell addressed the issue directly and said this is the second time a recusal motion has been filed invoking a member of his family. He called the motion offensive.
“Just because I am a judge doesn’t mean my wife loses the ability to participate civically,” Worrell said.
Judge Worrell also said he has not been asked to recuse himself before for having inconsistent opinions. He also said that the plaintiffs in the Doe case could have taken further action in that case such as an appeal but chose not to do so. He also said being a homeowner in Charlottesville should not disqualify him.
“I don’t know why the judges in Arlington County recused themselves other than they didn’t want to deal with it,” Judge Worrell said. He also pointed out that the case in Arlington went to trial, something that has not yet happened in the Charlottesville case.
As for his written opinion in White v. Charlottesville, Judge Worrell said his draft opinion was at one point 26 pages long and he cut it down to avoid repetition.
“Perhaps I cut out too much and didn’t leave enough explanation,” Worrell said. “I am not going to recuse. I don’t have a bias. I do own a house but ultimately I care about what the law says.”
A hearing is currently scheduled for March 26 on an amended complaint Derdeyn filed in late 2024 as well as the city’s amended demurrer and plea in bar.
Some of the other stories:
- Circuit Court Judge reduces Charlottesville Comprehensive Plan lawsuit to one count, throws out three others, August 29, 2022
- Charlottesville Circuit Court Judge Worrell to take time to decide on court trial for zoning lawsuit, July 7, 2024
- Judge strikes down Arlington’s Expanded Housing Option ordinance, October 1, 2024
- Written opinion issued in legal ruling that halted Arlington’s missing middle zoning, October 31, 2024
- Judge Worrell is ready to rule in lawsuit against Charlottesville’s new Development Code, but allows time for more evidence to be filed, November 16, 2024
- Arlington to appeal judicial ruling invalidating middle missing zoning, November 22, 2025
- Charlottesville responds to new anti-zoning complaint; Plaintiffs call for Judge Worrell to recuse himself, January 30, 2025
Before you go: This article was originally sent out as part of the Charlottesville Community Engagement newsletter in the February 6, 2025 edition. Both are functions of Town Crier Productions. You can support the work by purchasing a paid subscription or contributing monthly through Patreon. You can also send in a check or send an email, but drop me a line first! In this case, I want to point out I was the only member of the press in the courtroom. I hope that’s not the case at the next hearing.
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