THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Tuesday, October 18, 1994 TAG: 9410180318
SECTION: LOCAL PAGE: B4 EDITION: FINAL
SOURCE: BY MAC DANIEL, STAFF WRITER
DATELINE: SUFFOLK LENGTH: Short : 49 lines
Commonwealth's Attorney C. Phillips Ferguson has found no evidence of criminal wrongdoing by any city official in a zoning case pitting Suffolk lawyer Joshua Pretlow Jr. against Mayor S. Chris Jones.
Last week, Pretlow called for an investigation of Jones and Planning Director Robert A. Baldwin in letters sent to both parties, Ferguson and the press.
After a preliminary inquiry, Ferguson found no criminal wrongdoing by Baldwin, Jones or any other city official, he wrote in a letter to the parties involved. Ferguson also wrote that no evidence in the case warrants a grand jury investigation or any further inquiry.
``Whether or not there's a disagreement between the two parties over certain language is irrelevant,'' Ferguson said Monday. ``The only thing this office is looking for is any criminal wrongdoing. It's not my job to be a referee between Mr. Pretlow, the city and Mr. Jones.''
Pretlow alleged that a new pharmacy being built by Jones in Bennett's Creek violates the city's zoning code. Pretlow said Jones' building contains no easements in a special corridor that requires easements and landscaping.
In a second letter, Pretlow wrote to Baldwin, complaining that the planning director had ``failed and refused to take any action'' on the alleged zoning violation. Pretlow wrote to Baldwin that ``I hope it will not be necessary to have a criminal complaint filed against you or a grand jury investigation begun.''
After receiving the same letter, Jones also asked that the commonwealth's attorney investigate the matter, saying Pretlow's remarks were ``baseless.''
Baldwin said last week that the property was previously approved for having no easement in 1992 - less than a year before Jones expressed interest in the property.
Baldwin also said that city officials created the current zoning situation after making an interpretation as to how the two different zoning codes should be used together.
Pretlow is away from his office until Wednesday and was unavailable for comment.
``It's unfortunate,'' Jones said Monday, ``that Mr. Ferguson's office had to be involved.'' by CNB