Thursday, December 13, 2007Blacksburg residents join big-box appealA local advocacy group also involved opposes a big-box store planned for Country Club Drive.A Montgomery County judge ruled Wednesday that some Blacksburg residents opposed to a big-box store widely thought to be a Wal-Mart Supercenter may join an appeal that could ultimately block the project. The development to include the big-box store is planned for land along Country Club Drive in Blacksburg. Twenty-one landowners affiliated with a local advocacy group called Blacksburg United for Responsible Growth, or BURG, asked Circuit Court Judge Bobby Turk in November for permission to join an appeal of the town's Board of Zoning Appeals ruling that, if left standing, would allow construction of a 186,000-square-foot retail store adjacent to Margaret Beeks Elementary School. The landowners argued that added traffic, noise and light from the project would adversely affect them, giving them standing to dispute the zoning board decision. Turk granted the group's request Wednesday. The town's appeal was initiated in August by town council, members of which want the developer, Fairmount Properties, to apply for a special use permit before building such a store. If the court appeal is successful, council could then place restrictions on the big-box store, or potentially nix it -- based on an ordinance council passed after approving a rezoning for the Fairmount development. Turk will hear arguments in the case beginning at 9 a.m. Tuesday at the Montgomery County Courthouse in Christiansburg. Daniel Breslau, a party to the landowner appeal and chairman of BURG, said it was important for residents to join council's appeal "to send a clear message we're in it for the long haul." While only those who live nearby have legal standing to appeal, the project "affects everyone in the town," he said. BURG has spent $25,000 in legal fees so far, Breslau said. Wednesday's ruling certainly won't harm the town's case, according to Town Attorney Larry Spencer. "It might be beneficial that they [BURG members] may raise arguments we didn't make," Spencer said. But Fairmount attorney Jim Cowan said he didn't think allowing the landowners to join the appeal will change the facts of the case, namely that "we're vested in our rights to go forward with the project." The appeal is expected to cost taxpayers $100,000 or more. |
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