DATE: Saturday, April 12, 1997              TAG: 9704120373

SECTION: LOCAL                   PAGE: B3   EDITION: FINAL 

SOURCE: BY KAREN WEINTRAUB, STAFF WRITER 

DATELINE: SUFFOLK                           LENGTH:   46 lines

SUFFOLK REPLIES TO SUIT BY NEIGHBORING CITIES

The city filed a legal response Thursday to Norfolk, Virginia Beach and Chesapeake's complaint that Suffolk wrongly interfered with the Lake Gaston project.

The legal action means that Suffolk Circuit Court can schedule a trial date for the case.

The three cities filed suit last month, alleging that Suffolk did not have the right to attach conditions to zoning permits needed to complete the delivery of Lake Gaston water.

The Suffolk City Council has said it needs the conditions to ensure that Norfolk does not overuse groundwater needed by Suffolk residents. Norfolk has owned four wells and a reservoir in Suffolk for decades.

Friday, the day officials of the other cities received a copy of the response, was the last day for Suffolk to file an answer.

The filing was expected and ``entirely routine,'' according to Virginia Beach counsel M. Scott Hart.

``How could they possibly do what they've done and not defend themselves against the suit?'' Hart said.

Hart said he did not know when the case would go to trial, but said he hoped the issue could be wrapped up in four to six months. Suffolk did not request an extension.

In its response, Suffolk said Virginia Beach and Chesapeake should not be allowed in the lawsuit, because they were not parties to the zoning permits that led to the legal fight. Hart said the cities absolutely belong in the suit, because the purpose of the pipeline ``is to carry Virginia Beach's water.''

Suffolk also said the cities are not due any financial damages for delays to the pipeline project caused by the permit dispute.

Virginia Beach has said water restrictions may have to be extended if the city does not have access to the Gaston water by the summer of 1998.

The 76 miles of pipeline and two pumping stations along the route are almost complete. If the legal battle with Suffolk does not end soon, the wrangle may delay full access to the 60 million gallons a day the pipeline would bring, Beach officials have said.

Suffolk City Attorney C. Edward Roettger Jr. did not return calls to his office Friday. MEMO: Staff writer Terri Williams contributed to this report.

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