Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, April 10, 1991 TAG: 9104100373
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: MARK LAYMAN STAFF WRITER
DATELINE: LENGTH: Short
Edward Natt, the developer's attorney, filed papers in Roanoke County Circuit Court on Tuesday asking Judge Kenneth Trabue to order the Board of Supervisors to allow construction to resume.
The supervisors turned down Fralin & Waldron for the second time on March 26, setting the stage for another showdown in Trabue's courtroom.
Construction of the building, on Virginia 419 at Chaparral Drive, was stopped in the fall of 1989 after residents complained that Fralin & Waldron wasn't complying with conditions agreed to when the lot was rezoned four years earlier.
Fralin & Waldron had submitted a site plan in 1985 that specified a two- or three-story building. But the building under construction is five stories when viewed from the nearby Green Valley neighborhood.
Last year, Trabue ordered the supervisors to reconsider their refusal to allow the taller building, though he stopped short of ruling in favor of Fralin & Waldron.
County Attorney Paul Mahoney said Tuesday that he will "explore some alternative legal strategies" before going back to court.
And if Trabue rules in favor of the developer, he said, the county might appeal to the Virginia Supreme Court.
by CNB