Lamb Center's Future Hangs on Supreme Court Appeal

A circuit court judge sided with Fairfax City against its own Board of Zoning Appeals in May, ruling that The Lamb Center's shower, laundry and food services go above and beyond the center's use permit. 

Lamb Center volunteers hope to reverse that ruling. They will bring the matter before the Virginia Supreme Court Tuesday afternoon. 

The future of this private non-profit that feeds, clothes and cares for the homeless near Fairfax Circle depends on whether the state supreme court will entertain the case, and how it will rule. If the circuit court ruling stands, Lamb Center volunteers will have to strike a bargain with Fairfax City to keep operating as they do on Old Lee Highway. 

"If we lose, the city could let us operate as is, reduce services like hot food, showers and laundry, or give us time to relocate. Several options are out there," said Frank McLeskey, chairman of the center's board of directors. 

For years the center has tried unsuccessfully to meet neighbor concerns and find a new home. Special use requirements and overwhelming NIMBY (not-in-my-backyard) reactions have locked the Lamb Center in its current location.

If the Lamb Center stays, it will have to .

The circuit court ruling is another entry in a long timeline of complications for the Lamb Center.

• In August 2006, Fairfax City's zoning administrator cited TLC with two violations. Michelle Coleman said TLC's activities went beyond the general office, business uses allowed in a C2 retail commercial district. What was once considered a counseling center had turned into a day care facility for the homeless. The zoning administrator saw no place for an organization providing food, showers and laundering for underprivileged in a C2 district.
• TLC appealed the violations. Center volunteers and board members agreed that TLC's food, shower and laundering service go beyond the norm in day-to-day business practices.
• Fairfax City's Board of Zoning Appeals sided with the center in April 2009.
• The city's zoning administrator found fault with the board's decision, saying the members "brushed aside the legal arguments" because TLC had been doing such activities for a long time, according to court documents. The zoning administrator also claimed the board overturned the admin's decision based on the merit or logic of the ordinance cited in the violations. In other words, they judged the ordinance instead of the center's actions.
• The city appealed the board's ruling to the Fairfax County Circuit Court in fall of 2009. The court ruled against the board in May 2011.

In his May ruling, Hon. Robert Smith identified the Lamb Center as an eleemosynary institution. He said just because the Lamb Center has operated the same way for years does not mean the center isn't in violation of zoning regulations. 

The Lamb Center submitted its petition for appeal to the state supreme court in August. The appeal goes before a three-judge panel this afternoon.

"Our lawyer gets 10 minutes," said McLeskey. "[The judges] will accept or deny and let us know probably by Thanksgiving. If accepted, it will be a year before the supreme court hears the case."

In the meantime, the Lamb Center is open operating as usual. Last year, the center serviced over 100 homeless every day, serving 42,000 meals, washing 10,600 loads of laundry, and providing 15,000 showers. The center also offers counseling and job help sessions.

to see a full timeline dating the Lamb Center's existence in Fairfax City.

Check Patch later for more information about the center's surpreme court appeal.