Statements Regarding Lawsuit Decision

TOWN OF ABINGDON

Abingdon, Virginia

On Wednesday, December 14, 2016, the Honorable Sage B. Johnson rendered his judicial opinion in the matter of Joseph W. Levine, et al v. Town Council of the Town of Abingdon, VA, et al., Washington County Circuit Court, Case No. CL 16-46.  Judge Johnson has confirmed “that the Court therefore finds that the Planning Commission, staff, and Town Council had sufficient information to allow it to make a reasonable decision as it related to the rezoning.”  Judge Johnson further opined that “There being no evidence presented by the Plaintiff’s to support this claim, the Court does not reach the merits of the Plaintiff’s legal argument. The record in this case is devoid of any fact that would support an argument that the town engaged in contract zoning”. Click here for the full decision from Judge Johnson.

“The Town of Abingdon remains committed to the Meadows development project and its public/private partnership with Marathon Realty and the Virginia Department of Transportation. While this lawsuit has been difficult for all parties involved, the town plans to move forward with making Exit 17, Cummings Street, and Green Spring Road the safest it can be for all residents and visitors to the town.  In addition, the town is committed to maintaining the beautiful view shed of the Virginia Creeper Trail as the commercial development and the sports complex come to fruition. Likewise, the town is committed to preserving the historic home site on the town’s 40+ acre site and incorporating it into the overall site plan for development on that tract.” – Town Manager Greg Kelly

“Vice Mayor Humphreys, Councilman Howard and I want the residents to know that from the beginning, the former Council took seriously the comments and feedback of every citizen. This has been a challenging process and the citizen’s input has made this a better project. Town staff has displayed great professionalism and dedication to the citizens of Abingdon. We have faith that this project is what is best for the safety, health and welfare of the town and her citizens, both now and in the future. We appreciate the court’s careful consideration and ruling on the merits of this case and we will proceed with the same sensitivity, as this transformational project moves forward. It is my sincere hope that this is an opportunity for Council to work more closely on the issues that face the town on a daily basis.”- Mayor Cathy Lowe

"I am pleased that the judge made the correct decision and that this matter is now behind us."  - Attorney Brad Stallard, Counsel for the Town of Abingdon

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