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Beth Gibney

Thursday, April 11, 2013

New Waterfront Complaint Filed in Circuit Court

Three women who filed a previous lawsuit say the city is not playing by the rules with its rezoning plans.

Three Alexandria women who disagree with the city’s plans to rezone its riverside have filed a court complaint seeking to undo City Council’s March vote allowing buildings such as hotels on the waterfront. April Burke, Beth Gibney and Marie Kux on Tuesday filed a complaint for declaratory judgment in Alexandria Circuit Court (see attached PDF) “because once again the City of Alexandria is not playing by the rules in making a zoning change,” according to a statement issued by the lawsuit’s supporters, Friends of the Alexandria Waterfront. They argue that the city’s planning director improperly rejected their appeals to the Board of Zoning Appeals. “The effect of this appeal should have been to stay any vote by Council on waterfront zoning …

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lynnhampton

8:18 am on Sunday, April 21, 2013

You seem to ignore there was a democratic primary where 6 supporters of the waterfront plan were nominated over those that did not. The majority of Alexandrians showed we do want an active waterfront with amenities that we can share and enjoy, and that are self supporting, like hotels and restaurants.   more ›

Wednesday, October 31, 2012

High Court to Hear Waterfront Plan Appeal

Virginia's Supreme Court agrees to hear appeal to a Circuit Court decision on the city's waterfront plan and related zoning issue.

The Virginia Supreme Court has agreed to hear an appeal to an Alexandria Circuit Court decision on the city’s waterfront redevelopment plans. Three women who live near the city’s riverside — April Burke, Beth Gibney and Marie Kux — had sought to invalidate City Council’s 5-2 adoption of its waterfront small area plan and its accompanying zoning change that would allow development such as hotels. They say council must adopt a zoning change by a supermajority or 6-1 vote because a required number of property owners who live within 300 feet of the waterfront areas being rezoned signed petitions protesting the change. Old Town waterfront property owners attempted to file such documentation, but it initially was deemed not properly filed. …

paul

2:18 pm on Thursday, November 8, 2012

Sounds like a plan OT. It will be interesting to see how all this will unfold now that we have the new council.   more ›

Wednesday, October 17, 2012

Circuit Court Judge Denies Requests in BZA Case

Judge denies motions by the city and its opponents in a case brought by the city asking the court to rule that the Board of Zoning Appeals does not have certain authorities.

An Alexandria Circuit Court judge last week denied separate requests by the city and its opponents in a case brought by the city asking the court to rule that Alexandria’s Board of Zoning Appeals does not have certain authorities. The judge’s rulings mean the case is still on course for an April hearing next year. The Board of Zoning Appeals last spring sided with citizens who had asked it to reconsider a ruling by the director of Alexandria’s Planning and Zoning Department. Faroll Hamer had ruled as invalid their petition requesting the city not rezone some waterfront land near their homes and so not allow hotels. The city filed suit in circuit court to express it disagreed with the BZA ruling and at the time, City Attorney Jim Banks said…

Bud Miller

1:28 am on Monday, October 22, 2012

Is this leadership? Alexandria is suing itself! And it won't even provide counsel for the BZA.... Not exactly fair to say the least. The Mayor and the Democratic Machine have turned their backs on the people (who they appointed) exercising civic pride and responsibility by volunteering for the BZA. This is just one more reason to vote for Andrew MacDonald and to throw the machine candidates out …   more ›

Monday, May 7, 2012

CAAWP Announces New Leadership

Co-chairman Andrew Macdonald will step away from the group as he runs for mayor. Fellow Chairman Boyd Walker earlier this year announced his intentions to resign as he runs for council.

Citizens for an Alternative Alexandria Waterfront Plan has announced new leadership and said its co-chairman, Andrew Macdonald, has stepped down from his position as he runs for the mayor’s seat, which will be decided in November. CAAWP co-founder Boyd Walker earlier this year announced he also would step aside to run for City Council. The group has elected vocal CAAWP supporters Bert Ely and Mark Mueller as co-chairmen. The group, which largely opposes the city’s plan to redevelop the waterfront, said in a statement: “In the coming months, CAAWP will be focused on raising funds to support a two-part challenge to the legality of the waterfront plan and rezoning that City Council adopted on Jan. 21.” City Council passed a plan to redevelop …

Wednesday, May 2, 2012

Opponents of Waterfront Rezoning Ask High Court to Hear Their Appeal

April Burke, Marie Kux and Beth Gibney ask state's high court to take their case after Alexandria Circuit Court dismissed it.

Three citizens are asking the Virginia Supreme Court to reconsider the Alexandria Circuit Court’s dismissal of their lawsuit. The lawsuit requests that the circuit court overturn the city’s denial of a petition that would have required City Council to pass the waterfront plan by a supermajority. "The Iron Ladies," as their supporters call them, are April Burke, Beth Gibney and Marie Kux. The Circuit Court decided in March that “in order for the court to grant relief requested by the plaintiffs, it would first have to required the Director to accept the plaintiffs appeal as properly filed. ...The writ does not grant the authority to require an official to undo an act that is already done.” Roy Shannon, the plaintiff’s attorney, told Patch …

JohnInNova

5:09 pm on Thursday, May 3, 2012

Can't you see it? The year is 1885, the news banner in the Alexandria Gazette reads: "Citizen Group petitions the Court asking to Block installation of Electrical Power Lines in the former Colonial Village" They are concerned that the overhead power lines will take away the ambience of the town. And, electric lighting is too harsh. They prefer the more authentic glow of candle light.   more ›

Friday, April 13, 2012

Waterfront Redevelopment: Board of Zoning Appeals Rejects Planning Director's Decision

The 4-2 vote in favor of the petitioners could trigger another City Council vote on the zoning portion of the waterfront plan.

The Board of Zoning Appeals has sided with a group of citizens who appealed the city planning director’s decision to reject their petition asking that waterfront area near their homes not be rezoned allowing more and different kinds of development. The City Hall meeting was a cliffhanger until the bitter end as members flipped and flopped during discussion over which way they would vote – ultimately delivering a victory to the citizens with a 4-2 vote around 1 a.m. Friday. BZA Chairman Mark Allen recused himself from the debate and vote at the beginning of the meeting due to a long-standing relationship with one of the parties involved. Member John Keegan said his membership in the Old Dominion Boat Club, which does not favor much of the …

dennis kux

2:17 pm on Friday, April 20, 2012

Dennis Kux: Clearly, Mr. Auld, the citizens who live near the areas covered by the Waterfront Plan clearly do not agree with you. As only a third of the property abutting the concerned area was residential, we needed to have 60% of the home owners on our side, and we did. So you are not talking about a disgruntled few, but an angry majority of those whose homes would be directly affected by the …   more ›

Friday, March 2, 2012

BZA Set to Hear Waterfront Petitions

The Board of Zoning Appeals is scheduled to hear the petitioners who have deep concerns with the city's plan to allow additional development along some areas of Alexandria's waterfront.

The Board of Zoning Appeals on April 12 is scheduled to hear petitions related to the city’s plan to rezone the waterfront. There are three appeals that have been filed on the same issue and they will be consolidated, according to the city attorney's office. Attorney Roy Shannon has filed an appeal for Beth Gibney, Marie Burke and April Kux. Attorney Benjamin Chew has filed two appeal petitions—one for Michael Peck and another for Elizabeth Baldwin—on the issue. 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 City Council vote, or 6-1, on the waterfront plan. The city struck down that petition. Council voted 5-2 to …

Boyd Walker

8:16 pm on Sunday, March 4, 2012

I strongly support the right for neighboring property owners to appeal zoning changes, whether it is on the waterfront, or the west end, where we will also probably see challenges to the proposed zoning changes. These petitioners have followed to the best of their ability, including hiring legal counsel, a valid protest of zoning changes that affect their quality of life and the value of their …   more ›

Tuesday, February 28, 2012

Waterfront Plan Opponents Seek to Raise Funds for Legal Case

Citizens for an Alternative Waterfront Plan seeks to raise about $50,000 to pay for the legal costs accrued by three women who have sued the city over a waterfront rezoning issue.

Citizens for an Alternative Alexandria Waterfront Plan is hosting a “mailing party” Tuesday evening in an effort to fundraise for the citizens seeking to squelch city efforts to rezone parts of the riverside, allowing development such as hotels. CAAWP leader Andrew Macdonald said the group seeks to raise about $50,000 for legal fees, but hopes that some of the work related to the case will be offered pro bono. “This is a VERY important mail out. The three petitioners, Marie Kux, Beth Gibney, and April Burke, as well as Mark Mueller and Bert Ely, both of whom have been integral to the legal process, need our support in reaching out to donors to pay for the legal bills incurred as a result of the petition effort,” reads a marketing effort by…

Fred Krambeck

11:50 am on Wednesday, February 29, 2012

It is a desservice to the democratic process for the City to ignore a valid petition, thus forcing citizens to pay legal expenses to defend their legal rights. It is even worse that the City will use some of the same citizens' tax money to suppress the citizens' rights. The City also has a history of pursuing endless appeals whenever a court decision goes against them, creating even more burdens …   more ›

Thursday, February 9, 2012

Citizens Plan to Sue City Over Waterfront Vote

A group of citizens partly funded by CAAWP is asking Alexandria Circuit Court to render the 5-2 vote in favor of the waterfront plan invalid.

A group of citizens on Tuesday announced that they plan to ask Alexandria Circuit Court to overturn City Council’s 5-2 vote 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…

Gina Baum

8:26 pm on Thursday, February 9, 2012

Haunches, Since you are interested in learning more about the issue one thing you might want to consider, is without development that increase the tax base, ALL of our real estate taxes would skyrocket. And just so you know, BRAC was by-right development. So if your concern is about BRAC, then it follows you should be concerned about by-right development without the waterfront plan. Another …   more ›

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