THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Wednesday, June 12, 1996 TAG: 9606120488
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY PAUL CLANCY, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: 90 lines
The city suffered a major setback Tuesday in its plans to remove failed bulkheads standing between the ocean and property owners at Sandbridge.
Circuit Court Judge A. Bonwill Shockley declared that the ordinance permitting the city to remove or repair dangerous or obstructing structures and bill the property owners is unconstitutional.
In doing so, she enjoined the city from removing the flattened steel bulkhead belonging to Dr. William A. Webb, a dentist who went to court to prevent the city action.
Shockley's order flies directly in the face of a February ruling by Circuit Court Judge Edward Hanson, who said the city does have the right to take action in the case of six other Sandbridge residents with damaged bulkheads.
As a result, the city probably will go to the Virginia Supreme Court to settle the matter.
Meanwhile, the pressure is off the six residents who were under the gun to settle a dispute with the contractor who put up the bulkheads or face action by the city to remove the structures.
``It makes their case against us more difficult, even though we're not part of Dr. Webb's suit,'' said Charles E. Snyder, a construction administrator who represents the six Sandbridge owners in discussions with the contractor, Waterfront Marine Construction.
But that doesn't change the residents' hopes to settle the dispute. ``What I intend to do is continue to negotiate a fair settlement with the contractor and get on with things,'' Snyder said.
In fact, parties to the negotiations between the construction company and the property owners say they are close to an agreement.
But the ruling was a bit of a shock to the city.
Shortly before Judge Shockley's court met, city Coastal Engineer Phillip J. Roehrs said the city was prepared to move quickly to remove Webb's bulkhead and, ``Once we show up with a crane, we'll go ahead with the others.''
After the ruling, Roehrs declined to comment except to say, ``I don't know. We'll have to regroup.''
Assistant City Attorney Richard J. Beaver said he has not seen a city ordinance thrown out by a judge in the six years he has been on the job.
``It puts us in a box, it seems to me,'' he said. ``It certainly causes us more confusion.''
The case turned on whether the city's director of public works ``shall be of the opinion'' that if a wharf, pier, piling or bulkhead is a public hazard, he may inform the owners they have 30 days to repair it or the city will have it done and send them a bill.
The city had argued that the damaged bulkheads pose safety hazards to beach-goers because of loose hardware, protruding bolts and twisted metal that was left exposed as the result of punishing storms.
Webb's lawyer, Moody E. Stallings Jr., said the ordinance leaves no room for a hearing to determine if the situation is hazardous. ``Dr. Webb has not had his day in court,'' he told the judge.
Shockley said it would be one thing if there were a toxic spill or other imminent danger, but there was no such emergency in this case. ``There's no danger of something breaking away,'' she said.
Said Stallings after her ruling, ``What it says is the city cannot take my client's property without due process.'' ILLUSTRATION: Virginian-Pilot file
Dr. William A. Webb took Virginia Beach to court to prevent the
removal of damaged bulkheads off Sandbridge that the city says are a
hazard to beachgoers.
THE ISSUE
DIFFERING OPINIONS
February: A circuit judge rules that the city has the right to
forcibly remove the damaged bulkheads over homeowners' objections
and bill them for the cost.
Tuesday: A different circuit judge says the city's threatened action
is unconstitutional.
WHAT IT MEANS
Sandbridge property owners: They have more time to settle their
dispute over repairing or removing their damaged bulkheads.
Beachgoers: Protruding bolts and twisted metal from the damaged
bulkheads could pose hazards for sunbathers and swimmers at
Sandbridge.
KEYWORDS: BULKHEADS RULING by CNB