THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Saturday, February 22, 1997 TAG: 9702220344
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: FROM STAFF REPORTS
DATELINE: VIRGINIA BEACH LENGTH: 32 lines
Residents who live on Colechester Road will have to wait another week to find out the fate of their pothole-infested country lane.
The street has been severely damaged over the past year by dump trucks hauling sand from a fish pond that is being excavated on farmer Steve Barnes' property, which is off Colechester on McClannan Lane. In the past year, the city has repaired the street 21 times at a cost of $36,000.
Virginia Beach Circuit Judge Edward W. Hanson Jr. postponed a hearing on the matter Friday because Barnes was unable to attend the hearing.
The city sued Barnes and Thompson's Grading Co. Inc. of Virginia Beach after the pair failed to apply for a hauling permit.
In January, Hanson ordered the two to apply for the permit, which they did. The city approved the application on certain conditions, but Barnes and Thompson's have refused to accept them. One of the conditions requires the two to restore the road to its original condition after hauling ceases.
Barnes and Thompson's argue that they didn't have to apply for a hauling permit because the city adopted the rule months after Barnes had received city and state permission to dig the 10-acre pond.
The city argues that the law applies to Barnes regardless of when it was passed.
He has a right to dig the pond on his property, but he doesn't have the right to use the road, which has become substandard since hauling began, the city says.
The hearing is scheduled for Friday at 11:30 a.m.