THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Tuesday, April 9, 1996                 TAG: 9604090293
SECTION: LOCAL                    PAGE: B3   EDITION: FINAL 
SOURCE: BY DEBBIE MESSINA, STAFF WRITER 
DATELINE: VIRGINIA BEACH                     LENGTH: Medium:   67 lines

SANDBRIDGE MAN GOES TO COURT OVER BULKHEAD REMOVAL HE SAYS THE PUBLIC SHOULDN'T BE ON HIS LAND TO BEGIN WITH.

Can a leaning bulkhead on private property be deemed a public safety hazard?

That's a question an oceanfront homeowner in Sandbridge wants the court to decide in an attempt to stop the city from pulling out his storm-damaged bulkhead in the name of protecting the public from injury.

William A. Webb, a Virginia Beach veterinarian, has filed an injunction in Circuit Court asking the court to declare unconstitutional the city code that empowers the city to remove the bulkhead.

Webb claims that there's no evidence that his sagging bulkhead poses a health or safety risk.

``We're saying there's no more safety hazard than a bulkhead that is standing straight,'' said Moody E. ``Sonny'' Stallings Jr., an attorney representing the Webbs.

Even if it is considered dangerous, Stallings said, the public cannot be at risk because the public should not be trespassing on his private property in the first place.

``There's a legal issue of exactly who owns the beach and who has access to the beach,'' Stallings said.

``He's not trying to stop someone from walking across the beach, he's just trying to protect his home.''

Bulkheads are the last line of defense against the advancing surf for many Sandbridge oceanfront homeowners as pounding waves have eroded the beach in front of them.

Many, however, were damaged in a northeaster in the fall of 1994. The result is leaning sheets of steel and protruding rusted bolts.

The condition of the failed bulkheads prompted the city public works office to declare them a public safety hazard. The city told 44 bulkhead owners to remove, repair or replace them or the city will pull them out and bill the owners for the costs.

Webb is one of only seven who have not complied. The other six are entangled in a lawsuit against their bulkhead builder and are still working with the city on how to handle the removal or repairs.

``This is not a zoning issue,'' Stallings added. ``This is a private property issue.''

City officials say the city code grants them authority to decide what constitutes a safety risk without having to present proof.

That position was upheld in Circuit Court recently when two other oceanfront homeowners in Sandbridge challenged the city's efforts to remove their bulkheads. Judge Ted Hanson ruled in February that the city's actions are constitutional.

The city also contends that the public has a right to full access to Sandbridge beach.

At one time, Sandbridge's beach was much wider than it is today. But the tides have scoured the sand to the point that the dunes are gone and ocean water now covers land that was marked as private on homeowners' original surveys.

That raises the question of whether erosion can alter property lines.

``Absolutely,'' said Phillip J. Roehrs, city coastal engineer.

Oceanfront property owners, who paid big prices for land that's now underwater, do not agree.

It's unclear whether this court challenge, which will be heard Friday, will answer that question. by CNB