Alexandria Circuit Court Throws Out Petitioners' Lawsuit

The Alexandria Circuit Court on Friday threw out the lawsuit requesting the court overturn the city’s denial of a petition that would have required City Council to pass the waterfront plan by a supermajority, or 6-1 vote.

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The circuit court decided that “in order for the court to grant relief requested by the plaintiffs, it would first have to required the Director to accept the plaintiffs appeal as properly filed. ...The writ does not grant the authority to require an official to undo an act that is already done.”

Planning and Zoning Director Faroll Hamer ruled the morning of the public hearing and vote on the city's waterfront plan that the petition was not valid.

The city and the plaintiffs the appeal was actually filed.

The case was filed by Beth Gibney, Marie Kux and April Burke, who Citizens for an Alternative Alexandria Waterfront Plan refer to as the "Iron Ladies."

The plaintiffs, who are waterfront landowners,  protesting its plans to rezone certain areas of the riverside, allowing more development such as hotels.

The city's Board of Zoning Appeals is set to hear a similar complaint on April 12.

"We are disappointed with the court's decision but this is still a very live issue," said Mark Mueller, who supports the plaintiff's case. "This action has really big implications in terms of the city's ability to silence citizen opposition."

Mueller added that the plaintiffs and supporters would determine "their next steps in the coming days."