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Tuesday, May 15, 2007

Next hearing in Blacksburg big-box lawsuit set for June 7

A hearing is set for June 7 in a case involving the town of Blacksburg and developers who hope to build a big-box retail store on South Main Street.

After less than an hour of discussion in his chambers Monday, Montgomery County Circuit Judge Bobby Turk scheduled a hearing in the case for June. Fairmount Properties of Ohio and local companies Llamas and Diversified Investors have asked the court to compel the town to review site plans for a 40-acre retail project along South Main Street before May 29.

That's when Blacksburg Town Council is scheduled to vote on an ordinance that would require a special use permit to build retail stores larger than 80,000 square feet. Plans submitted to the town by Fairmount show a retail store of about 186,000 square feet in the South Main project. According to the suit, developers wanted the plans reviewed before the ordinance passes -- which may not happen now.

Despite that, Fairmount principal Adam Fishman said, "We think that's good news for us." That's because the June hearing is three weeks away -- a relatively quick turnaround in the legal system.

The judge took no action Monday on the site plan issue. June's hearing will address the central question raised by the suit: Can Blacksburg apply an ordinance passed this month to a project that was approved in 2006?

-- Tonia Moxley

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