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Sunday, July 13, 2008

Settlement may be near in LakeWatch lawsuit

Developer Trey Park has agreed to a dozen more restrictions on his proposed LakeWatch Spa and Resort after negotiations with a group that sued him and the Franklin County Board of Supervisors, Smith Mountain Lake residents were told this afternoon.

The proposed development on Virginia 122 would have been closest to a group of residents along the Betty Creek finger of the lake. Four of them sued, alleging that the supervisors acted “in an arbitrary and capricious manner” in rezoning the property and granting special-use permits last year for a project they alleged would lower their property values.

Park’s original plans for the 576-acre tract included a golf course, wakeboard park, a six-story hotel and residential lots. Although that was later downsized somewhat after objections from the county planning commission, board of supervisors and residents, a revised plan including many of those elements was approved in December.

Among the key changes the plaintiffs in the lawsuit reported Sunday were reducing the number of condo units from 100 to 50, lowering the total number of residential units from 1,286 to 1,152, and lowering the number of boat docks to 16 from the 54 originally sought. Park has also agreed not to rent any powered watercraft from the property.

The 50 or so in attendance Sunday at the Windtree subdivision clubhouse applauded when asked if they were pleased with the proposed changes.

The preliminary plan must now be reviewed by attorneys for all the parties before a final agreement can be signed. Plaintiff Steven Cuppy said he did not know how long that would take, but he expected it to be expeditious.

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