Citizens Plan to Sue City Over Waterfront Vote

A group of citizens on Tuesday announced that they plan to ask Alexandria Circuit Court in favor of the waterfront plan and to strike down the related zoning changes.

The citizens are among approximately 200 property owners who signed a petition protesting a change in the zoning ordinance permitting hotels and higher density development along the waterfront.

Citizens for an Alternative Alexandria Waterfront Plan is fundraising for the group of citizens, but for legal reasons is not part of the lawsuit.

The parties filing the lawsuit, who live near the waterfront, are Elizabeth “Beth” Gibney, Marie Kux and April Burke.

A group of citizens last month filed a petition signed by residents and others who live near the riverside that could have triggered a city requirement for a supermajority council vote, or 6-1, on the waterfront plan. The city struck down that petition.

Those citizens say they , several times including during the Saturday hearing before the plan vote but the city’s Planning and Zoning director incorrectly refused to accept it. Meanwhile, the city says it never received an appeal through the appropriate channels.

In the lawsuit, the plaintiffs argue that no rule or regulation exists prohibiting filing an appeal while the Planning and Zoning director is conducting city business directly related to the appeal.

Gibney, who attended the Tuesday news conference in front of Alexandria Circuit Court on King St., told Patch that she had concerns about the waterfront plan because it’s “so sketchy,” calling it vague and without detail.

“We all want a better waterfront,” she said, adding that the city is not far enough along in plan details related to issues like parking, traffic, flooding and property values as well as protection of the Potomac River and Chesapeake Bay.

“CAAWP has done its best over the last year to encourage the city to look at alternative uses of the Alexandria waterfront and to address important issues like traffic impacts before approving the plan,” said CAAWP Co-founder Andrew Macdonald. “We were hoping City Council would want to work with the community to come up with a plan that a real majority of residents could support.”

The parties involved in the lawsuit are hoping the Circuit Court will tell council that it shouldn’t have voted on the zoning change on Jan. 21 and that the vote should be deemed invalid.

City Attorney Jim Banks on Tuesday had partially reviewed the legal document, which had not been officially filed with the court as of Tuesday.

He said the goal of the suit was unclear to him as it’s “not aimed at stopping anything,” adding that the Circuit Court could take six months to a year to decide anything on the case.

“The city can continue down the path of implementation” of the waterfront plan while the case lingers in court, he said. “If the court ruled against the city, many of the points in the case would be moot by then.”

CAAWP member Bert Ely, who spoke at the news conference, said the group plans to “file to the Board of Zoning Appeals again” as well as proceed with the lawsuit, which is informally Burke, Gibney, Kux vs. City Planning and Zoning Director Faroll Hamer and Alexandria City Council.

Separately, CAAWP co-founder Boyd Walker told Patch that he is stepping down from a leadership role with that group as it’s a nonpartisan group and as a Democrat.