Fredericksburg.com - Court hearing on Crow's Nest appeal postponed

search local
Follow us on Twitter Find us on Facebook

Get a printer-friendly version of this page. E-mail this story to a friend.
Make a post about this story on FredTalk.

Court hearing on Crow's Nest appeal postponed
Court hearing on Crow's Nest appeal postponed

Date published: 2/7/2006

By MEGHANN COTTER

By MEGHANN COTTER

A question about the time allowed for Stafford County to review a Crow's Nest subdivision plan will not be heard in Circuit Court until sometime between late March and early June.

K&M Properties, developing the pristine peninsula as Stafford Lakes Limited Partnership, has asked the court to reconsider a previous decision about that issue. A judge said in mid-January that the time elapsed while the plan was involved in a separate case would not count as part of the 60 days the Planning Commission has to vote on a plan.

But Stafford County officials and attorneys for the McLean developer agreed at a hearing yesterday that the parties involved were not given enough notice about the court appearance. And they asked to reschedule.

In the meantime, the county is facing other challenges about the Crow's Nest development.

The Stafford Planning Commission voted Jan. 25 to deny a preliminary subdivision plan to put 688 homes on 3,230 acres of the parcel. And K&M plans to appeal that decision to the Circuit Court soon.

The firm's attorney, Clark Leming, has said that appeal will also ask for a decision on when the 60 days started.

He believes it began Oct. 18, when the last fees and substantive revisions were submitted to the county. Given the days tolled while the plan was in litigation, time would have expired Jan. 19.

But the Planning Department contends that a final version of the application was not received until Dec. 1, giving the county until March 5.

How the judge rules on that matter is important to the case because an application is automatically approved if the Planning Commission doesn't meet the allowed time limit.

K&M is especially concerned with timing because pending ordinance changes could require it to change the plans substantially.

To reach MEGHANN COTTER: 540/374-5434
Email: mcotter@freelancestar.com



Read more stories about Stafford
Date published: 2/7/2006



Comments guidelines

1. Be respectful. No personal attacks.
2. Please avoid offensive, vulgar, abusive, hateful or defamatory language.
3. Read and follow THE RULES.
4. We will block violaters and ban repeat offenders.










The Free Lance-Star fredericksburg.com 93.3 WFLS Print Innovators Classic Rock 96.9 99.3 The Vibe wntx radio