Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, March 11, 1993 TAG: 9303110257
SECTION: CURRENT PAGE: NRV1 EDITION: NEW RIVER VALLEY
SOURCE: MICHAEL STOWE STAFF WRITER
DATELINE: BLACKSBURG LENGTH: Medium
SORORITY SUES BLACKSBURG TO REVERSE ZONING DECISION
Kappa Delta sorority is suing Blacksburg and its Town Council, hoping to reverse a decision to deny the sorority's request to build three Greek houses on Toms Creek Road.The suit filed in Montgomery County Circuit Court said one reason the decision should be reversed is that a member of the town's planning staff was biased against the project.
Town Council's decision was "unreasonable, unwarranted, arbitrary and capricious and therefore unlawful," according to the suit filed by Kappa Delta's attorney, Blacksburg lawyer Marcus H. Long Jr.
In February, Town Council denied the Virginia Tech sorority's request to rezone 23.4 acres northwest of U.S. 460 at 1600 Toms Creek Road.
Kappa Delta wants to rezone the land so it can build an 11,000-square-foot sorority house. In addition, the group wants to divide the lot so two more Greek houses could be built there.
The suit says that Elaine Echols, a senior planner for the town who lives on Seminole Drive just across U.S. 460 from the site, acted improperly because she solicited opposition to the Greek housing project.
It also says that Echols told another town planner, Roger Hunt, "that she did not like sororities and had an unfavorable attitude towards them."
Hunt, who has since left his job with the town, was the initial planner assigned to prepare a staff report on the project. He said Wednesday that Echols told him to make no recommendation about the request even though the project met many of the rezoning requirements.
"We almost always make a recommendation, so I wasn't comfortable with that," he said. "I think it's unfortunate that the suit has been filed, but I'm not surprised."
After Hunt left, Echols presented a report to Town Council recommending disapproval of the rezoning request.
Echols declined to comment on the suit.
Richard Kaufman, Blacksburg's attorney, said the town will "defend its lawful legislative decision."
The suit also says Town Council was predisposed because council member Al Leighton contacted a Kappa Delta representative one day before council met and said that the rezoning request would be denied.
Neighbors of the Toms Creek Road site have been opposed to the sorority's plan since it was submitted to the town in December.
They told council that rezoning was a bad idea because the three Greek houses would increase noise and traffic and pose safety risks on Toms Creek Road.
Several neighbors said the noise level is already high, partly because of two fraternity houses in the area.
Alpha Gamma Rho's house is at 1503 Toms Creek Road and Pi Kappa Phi's house is at 1101 Redbud Road.
The two fraternity houses are legal because they were there before the town established zoning regulations in the mid-1970s.
Council members said they denied the zoning request because it was in violation of the town's comprehensive plan and because they feared setting a precedent that would encourage additional Greek housing in the area.