THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, April 13, 1996 TAG: 9604130323
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: BY DEBBIE MESSINA, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Short : 39 lines
A court hearing to try to stop the city from removing a damaged bulkhead at Sandbridge has been rescheduled for April 26.
The hearing, originally set for Friday, was postponed because of court scheduling conflicts.
William A. Webb, a veterinarian, filed an injunction in Circuit Court asking the court to declare unconstitutional the Virginia Beach code that empowers the city to remove the bulkhead.
The city considers Webb's storm-damaged bulkhead a public hazard and wants it removed or repaired.
Public Works officials urged Webb to do the work, and he refused. The city is poised to pull it out and bill him for the costs.
For many Sandbridge homeowners, bulkheads are the last line of defense against the advancing surf, as pounding waves have eroded the beach that fronts their residences.
Moody E. ``Sonny'' Stallings Jr., an attorney representing Webb, maintains that the bulkhead does not pose a safety risk. He also contends that the public cannot be at risk because the public should not be trespassing on Webb's private property.
The city, however, maintains that the beach, specifically the area between the low-water mark (at low tide) and high-water mark (at high tide) is public. Citizens using that beach are at risk of injury from the damaged bulkhead, the city argues.
No action will be taken by the city to remove Webb's bulkhead while the case is pending.
KEYWORDS: SANDBRIDGE BULKHEAD by CNB