Crucible appeal could go before Supreme Court timeline

BY JONAS BEALS

A long-running lawsuit between Stafford County and Kroll Inc. takes another step toward resolution today.

Kroll owns The Crucible, an anti-terrorism training facility off Jack Ellington Road south of U.S. 17.

In 2007, a Circuit Court judge ruled that The Crucible can build a new facility on 198 acres off Mount Olive Road, despite an ordinance change requiring the facility to be built on industrially zoned land. Stafford believed the decision was incorrect, and filed an appeal.

Sharon Pandak, the attorney hired to represent the county, will face a three-judge panel today. She will have 10 minutes to convince them that the case is worthy of being heard at the Virginia Supreme Court level.

"There was a failure to require the administrative process to be followed in seeking the vested rights decision," she said. "It was an incorrect determination that The Crucible has vested rights to build the facility."

Attorney Clark Leming is representing the New York-based Kroll Inc. He will not have a chance to speak to the panel today, although he did file a reply brief as part of the process. It may be a month or more before the panel announces a decision.

The Virginia Supreme Court is highly selective when it comes to hearing cases--only a fraction of Circuit Court appeals make it to the next level.

"I call it a hot panel," Pandak said. "They come ready to ask questions."

If the three judges like Pandak's answers and agree to hear the case, it will mean a new, more intensive round of briefings. If they don't, the lower court ruling stands, and The Crucible can move forward with its plans to relocate.

"If The Crucible has a right to proceed, they don't need to get a conditional use permit," Pandak said. "There would be no public hearing. The facility can locate in the middle of a residential and small farm area without going through a public process."

This is the second case involving The Crucible and Stafford County. The Crucible prevailed in the first lawsuit when it was denied a hearing by the state Supreme Court. This case could go the same way.

"We believe this is a sound Circuit Court decision," Leming said. "It was very lengthy and well-reasoned."

The state Supreme Court may take up the case either because they believe the Circuit Court decision was flawed, or because they are interested in setting a statewide precedent.

"Vested rights are a hot issue right now," Leming said. "Developers and property owners are trying to hold onto their rights for when the economy improves."

Pandak admits that divining the panel's decision is like reading tea leaves, and Leming agrees.

"It's hard to predict what they will do," he said.

Jonas Beals: 540/368-5036
Email: jbeals@freelancestar.com

2004: The Crucible approaches then-Zoning Administrator Dan Schardein about government approvals needed to develop a 198-acre tract off Mount Olive Road. The project includes classrooms, a soundproof gun range, an urban-combat training center and a 1-mile driving track. Schardein classifies the facility as a school, which was allowed on the agricultural parcel without Planning Commission or Board of Supervisors approval. 2005: The Crucible files a site plan for the facility, after spending about $1 million on engineering and design.

Residents nearby appeal the school designation to the Board of Zoning Appeals. County officials file an appeal and amend zoning laws requiring a public hearing for schools in agricultural areas. The Crucible challenges the validity of the county and resident appeals, saying they were filed after the 30-day limit.

The Board of Zoning Appeals sides with the county and residents. The Crucible appeals the BZA decision on the time limit to the Circuit Court.

2006: A circuit judge rules the county and residents did not meet the deadline in appealing the zoning administrator's decision. The county and residents appeal to the Virginia Supreme Court.

Supervisors amend the zoning ordinance again to classify The Crucible as an industrial school that must be built on land zoned for industrial use.

MAY 10, 2007: Three-judge panel of the Virginia Supreme Court refuses to hear the county/resident appeal. DEC. 20, 2007: Circuit judge rules that The Crucible is a vested development not affected by zoning changes and can be built as originally planned. TODAY: County lawyers will again appear before the three-judge panel of the Virginia Supreme Court, asking them to hear the appeal of the December 2007 Circuit Court ruling.

Date published: 12/3/2008

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