Circuit Court Favors City, Restaurant in Wales Alley Case
Dismissal allows Virtue Feed & Grain to proceed with building a deck in the alley, if it desires.
The Alexandria Circuit Court has dismissed the Old Dominion Boat Club’s dispute over Wales Alley, allowing Virtue Feed & Grain to lease and expand the area for outdoor dining.
“We are certainly disappointed in the Circuit Court’s dismissal of this case,” said Miles Holtzman, president of the Old Dominion Boat Club. “It is distressing that a court—any court—would allow a government to take private property and allow it to be used by another private owner.”
Mayor Bill Euille praised the ruling for "providing clarity of property rights for the site for the city to do as it sees fit. ...The court says the alley belongs to the City of Alexandria.
"It's time to put these things behind us and move forward on the future of the waterfront redevelopment," he added.
He told Patch that the ruling provides "relief for all parties" and it enables adjacent properties to "move forward on matters of mutual interest."
The court's ruling finds (PDF) that the "ODBC's interest in Wales Alley was dedicated to the City and that interest has been accepted by the City of Alexandria. Therefore, the City has the authority to, inter alia, 'lay out, open, extend, widen, narrow...or close..' the alleys of the City."
Deputy City Attorney Chris Spera said the case was typical of many cases facing older cities such as Richmond and Williamsburg where easements and parceling out of land dates back to the 1700s and there's often nothing in a chain of title outlining ownership of specific alleys and roadways.
The restaurant's owners had sought to build a deck for dining that would encroach into the alley way and narrow its surface to 15 feet wide. However, the city advised the restaurant while the case was pending to offer temporary outdoor dining that would not be set up prior to 11 a.m. when boats might be using the alley.
Virtue Feed & Grain will not need to get a new special use permit should it choose to complete its original business plan, but it would need a building permit, said Spera.
Virginia's Supreme Court ruled in May on portions of the case, but sent the decision over the easement's ownership back to the circuit court.
In This article
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Old Dominion Boat Club
1 King St, Alexandria, VA -
Virtue Feed & Grain
106 S Union St, Alexandria, VA -
JohnInNova
5:13 pm on Tuesday, October 16, 2012
Good, it's long past the time that that stupid boat club should even exist..... it's an eye sore to begin with!
Edgar Warfield
5:27 pm on Tuesday, October 16, 2012
This ol' Democrat thinks it would be great if the ultimate result of this is what the Mayor suggests in the article: that we all move forward to a better Waterfront. On Wales Alley, that would mean a very successful, well-regarded young business (Virtue) could expand and seat even more folks on the Alley, turning a place that's desoltae after dark into a lively showcase for our City. But unfortunately, in my opinion and guess, someone will appeal yet again, so this will slug along with only the lawyers making money, instead of Virtue and its staff.
Regards, & c.,
E. Warfield
Robert Kraus
5:49 pm on Tuesday, October 16, 2012
I am shocked that “Mayor Bill Euille praised the ruling” because in my mind this is a “taking” and the court has also left open the possibility that the ODBC may be entitled to compensation. Thus, this decision, which I am totally against, may end up costing taxpayers in the end.
I hope the ODBC appeals this ruling. The proper way this should have been handled should have been for Virtual Feed to ask permission of the ODBC.
I am grateful that the ODBC is such a great neighbor and allowed us, the citizens of Alexandria, to use their alley for a number of years and I am appalled that an elected official is practically gloating on the outcome of this ruling.
As mentioned in the ODBC Candidate Forum I am against the City using Eminent Domain in general – but especially when it’s sole purpose is to benefit a private enterprise.
To read more on the Libertarian position on this subject please visit: http://www.lp.org/news/press-releases/libertarians-note-anniversary-of-bad-kelo-decision
Robert Kraus for City Council
www.Robert4CityCouncil.com
Edgar Warfield
6:08 pm on Tuesday, October 16, 2012
This ol' Democrat thinks it's a shame Mr. Kraus evidently didn't read the opinions in this case before jumping in to kiss up to the OBDC, and call on Virtue to bow down unto the Lords of Old Town.
The opinions in this case make quite clear this is not a "taking" under Kelo or any of the prior cases (Courtesy Sandwich Shop, involving the buidling of the WTC, is a great one with neat facts). What this case was about was the City's ownership of a public street that the record clearly showed has long been a public thoroughfare. No taking involved; only establishment of title and ownership. Really a rather routine case, in my humble opinion.
Facts, though, don't really matter in the silly season, do they?
E. Warfield
Haunches
7:29 pm on Tuesday, October 16, 2012
THe court said that compensation to ODBC will be decided another day. Taxpayers may end up footing a significant bill for Virtue to have outdoor seating. How much? Who knows? When the city threatened eminent domain, the figure was between $150K and $1.5 million. Must be a whale of a restaurant for taxpayers to underwrite it.
Scooby's Doo
6:16 pm on Tuesday, October 16, 2012
"As mentioned in the ODBC Candidate Forum I am against the City using Eminent Domain in general – but especially when it’s sole purpose is to benefit a private enterprise."
Such as a private boat club?
Robert Kraus
7:00 pm on Tuesday, October 16, 2012
The ODBC believes (and the Circuit Court originally upheld this) that it had an easement rights to the alley. The Court has not ruled against the ODBC but hints that compensation might be due. If the ODBC had no rights then why might the court think that they may be owed compensation? If you recall in Summer 2011, the city threatened to take some of ODBC's land using eminent domain. To me, that is the real issue - should the city use eminent domain for the benefit of private enterprise (i.e.: the developers for the Waterfront Project)?
Jon Rosenbaum
7:33 pm on Tuesday, October 16, 2012
Why should the Boat Club get compensation when the alley is city property. By the way this alley on old maps extends to the river through the boat club parking lot. It is the boat club that has expropriated city property! They should compensate the city.
And have you ever seen a boat go through the alley?
Haunches
7:45 pm on Tuesday, October 16, 2012
THe ODBC may get compensation because the court said they may get compensation. That will be a separate lawsuit. This is going to be an extraordinary case before the Virginia Supreme Court. Besides Virtue's strong political connections, what was the rationale for the city to spend all this time and taxpayer money getting them 50 more seats?
Kim Moore
11:51 pm on Tuesday, October 16, 2012
Out of curiosity, how frequently have ODBC members used the alley over the last 10-15 years? I do not remember the last time that I saw a boat being towed down Union St. Is this issue one of pride or of impeding access?
doug redman
7:13 pm on Wednesday, October 17, 2012
Kim...great question. We have lived here for 19 years and have never seen a boat in the alley or being towed through the alley. My guess is that this is about pride and winning.
Bob Laver
7:15 am on Wednesday, October 17, 2012
WHY...to all of this? Why can't the City work out an arrangement with the Club and move it as part of Waterfront Development? If that option had been exercised years ago, think about all the time and tax dollars that would have been saved. However, this battle will continue and citizens will see our tax dollars thrown away.
Jon Rosenbaum
7:43 am on Wednesday, October 17, 2012
The city has proposed to relocate the club several times over the last decade. The club has shown no interest. I do not oppose the club's current location, but I feel that the parking lot is a real eyesore. It is very odd that the waterfront plan opponents are also defenders of the club's property rights and are not pushing for that parcel to become space open or the public. Seems absurd that they think owners of other sites
should donate open space.
DSC
11:02 am on Wednesday, October 17, 2012
Bob, have you been in your house since 1890?...why don't you MOVE...after your gone private developers will build something on your FORMER lot and make $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
Scot
9:33 am on Wednesday, October 17, 2012
Hopefully this will improve the food at Virtue.
Robert Kraus
10:04 am on Wednesday, October 17, 2012
Jon, in answer to your question "Why should the Boat Club get compensation when the alley is city property?"
The answer, as reported in today's Post is because "the boat club bought the easement in 1935."
So in fact - this is a "taking" and the ODBC should be compensated for it. This is why, I felt the agreement should have been between Virtual (which I love and admire BTW) and the ODBC and the city should have stayed out of this.
Now the taxpayers will be footing the bill and not the private business (Virtual).
paul
10:23 am on Wednesday, October 17, 2012
Jon you make a very good point about the Waterfront opponents. The reason as we all no is that a number of the opponents are Boat Club members .
oldtowner
7:49 pm on Wednesday, October 17, 2012
Yes, Paul....interesting that many of the opponents to the waterfront plan, who talk about "accessibility" and more open space...having the waterfront available to all....also side with the ODBC....which is sure not open/accessible to all. And that parking lot is so ugly. I've had out of town visitors who can't believe that is down on our waterfront. Has Andrew Macdonald weighted in on this? Since is he such a proponent of a "waterfront for all?"
Edgar Warfield
10:42 am on Wednesday, October 17, 2012
As Ms. Moore and Mr. Rosenbaum have wisely pointed out, this whole thing is really something of an academic exercise: how often do boats go down Wales Alley? Assuming boats ever actually do use the alley and that Virtue's small deck will impede their passage, why can't those boats simply go south 150 feet or so to Prince Street, and turn towards the waterfront there? Ol' Edgar is no sailor, but it seems to me in each case, a boat would have to make the same number of turns to get to the waterfront -- and Prince is wider anyway (even before the proposed deck), and therefore easier to "navigate" with those turns.
Given these readily observable facts, it seems, in this ol' Democrat's opinion, that the point of this whole thing was for some folks to exercise their vitriol against the City and stand firm against any change on the waterfront -- even a modest and creative new use of an old building. Hopefully now that they have exercised sufficient vitriol, sufficiently filled their lawyers' pockets, and taught the rest of us some sort of lesson in eminent domain/easement/whatever, this can be put to rest.
Of course, I stand to be factually corrected by some maritime person who can explain to me why boats can ONLY go down Wales Alley and not use any other approach to the marina.
Regards, & c.,
E. Warfield
paul
3:00 pm on Wednesday, October 17, 2012
DCS, The Boat Club has not been at the foot of King Street since 1890. They were first up a couple of blocks on King Street on an upper floor. It was more or less a meeting place for boating enthusiasts and their new club members. Later they moved down by the foot of Duke Street and had their club house there.. In the early 1920's they bought the old ferry boat company at the foot of King Street. A short time later it burt down and they built what you see now. What is now the parking lot next to them was a smaller piece of land. They bought it in about 1935. Threw the years they added fill into the river and created what is now a parking lot. This was done into part of the river owned by Washington DC which is one of the reasons they had problems with title to that property.