Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, April 18, 1990 TAG: 9004180297
SECTION: VIRGINIA PAGE: B-3 EDITION: STATE
SOURCE: MIKE WOLFE SPECIAL TO THE ROANOKE TIMES & WORLD-NEWS
DATELINE: COVINGTON LENGTH: Medium
The board recently condemned property owned by Bobbie Slusher to install water and sewer lines. That led to legal action by Slusher and charges of favoritism that still have not been resolved.
Last month, the board was chastised by residents of Rosedale when the board considered buying a home near the county's office building and using the land to alleviate a critical parking problem. That plan was dropped.
At Tuesday's meeting, the board was clearly not interested in being involved in another dispute, even if the county is not an active participant.
Attorney Brad McGraw appeared before the board requesting the county vacate platted but undeveloped streets and alleys in the Cliftondale Park area just east of Clifton Forge.
Jack F. Walrond Jr. and Fast Break Food Marts Inc., McGraw's clients, want to develop property near Exit 8 of Interstate 64.
The problem is that Slusher also has a claim on some of the property and opposes the county's closing public access to the area, although the parcel appears to be one with a home and no streets.
During a 40-minute public hearing Tuesday, McGraw said neighboring parcels of land had recently been vacated and development of a service station and convenience store has just been completed.
McGraw told supervisors it is not their function to determine ownership of the property. He said that Slusher's claims were "frivolous" and that his clients had "title work a foot thick" to prove they are the owners.
McGraw said fast food and hotel and motel corporations have expressed interest in the location. He warned that postponement of a decision by the county to give up public claim to any of the land could affect development.
The matter had first been considered by the board in June. At that time, the county asked that disagreements over ownership be cleared up.
Slusher said her claim is not frivolous and that agents for the developers have been trying to purchase her rights.
Although McGraw said action by the county would not harm Slusher's interest and could indeed help them by eliminating access to the property by anyone else, Slusher said action would do her irreparable harm.
County attorney Wayne Heslep told the board members he did not see how Slusher could be hurt by the action. He said the county has wide latitude in all such matters. An action's effect on anyone else is irrelevant, Heslep said. Anyone who thinks irreparable harm has been done would then have 30 days to appeal to Circuit Court.
After Heslep's comments, Slusher said the supervisors were continuing to "play God with people's lives and property" and suggested the county's leaders did not wish to treat her fairly.
The supervisors held to their policy of not taking action on a contested matter on the night of the public hearing. Action was set for the May 15 meeting of the board.
The board also approved a 12-page list of corrections, amendments, definitions and changes to the county's zoning ordinance that took effect in November 1988.
The changes include increasing the minimum size of a residential area lot from 8,000 to 10,000 square feet. Conditional zoning will now be allowed in the county. Powers of the zoning administrator appear to have been increased and more clearly defined.
Major changes were made in business zoning rules. There will now be two business classifications so that business zoning may be granted without permitting heavy traffic or loud noise.
In other business, the board:
Set May 9 as the date for a public hearing on the business rezoning of several parcels of land around the Mallow Mall and near the Jackson Heights subdivision.
Accepted a draft copy of a proposed new regional jail authority agreement, which is an initial step to construction of a new regional jail.
Approved a resolution of respect for Delbert Hepler, longtime former Board of Supervisors member and School Board member who died on April 4.
by CNB