Luck Stone Corporation and Powhatan Plaza LLC are free to refile a rezoning request following a unanimous decision by the Powhatan County Board of Supervisors last week to accept Luck’s withdrawal of a pending lawsuit against the county.
A December trial date had been set for the lawsuit filed by Luck Stone Corporation against Powhatan County for what the corporation believed was an improper denial of a rezoning request for property Luck owns on the northeast quadrant of U.S. 60 and Luck Stone Road.
The lawsuit was filed on Feb. 5 in Powhatan County Circuit Court by the Richmond law firm of Troutman Sanders LLP on Luck’s behalf.
According to the lawsuit, Luck Stone has operated a quarry on the property for 27 years.
The property consists of five parcels totaling 19.53 acres and the rezoning request was for 14.57 acres of the property that have various zonings.
The lawsuit asserts that when the supervisors denied the rezoning request on Jan. 7, by a vote of 3-1, with one abstention, it did so improperly.
Based on the resolution adopted by the Board of Supervisors, the county said it believed that a request for dismissal of the lawsuit filed by Powhatan County Attorney Thomas E. Lacheney would have been granted by the court because Powhatan Plaza LLC, to whom Luck Development Partners LLC had deeded its real property, was not a party to the lawsuit, but should have been.
“I’ve got an order already from Luck,” Lacheney said following last week’s supervisors’ meeting. “They’re going to withdraw their case and they’re going to refile their rezoning for the new district that was just adopted tonight [Sept. 16] – the CC [Commerce Center] district.”
Talks between the two sides proved fruitful, Lacheney said.
“In discussing, we realized we all like to see the same things, so why fight when fighting’s sort of counterproductive?” Lacheney said. “So everybody sort of agreed.”
In its resolution, the county indicated that its desire was for the lawsuit to be resolved amicably.
“Luck’s a good corporate citizen and the county is a good county to work in and good place for development and so I think it seemed kind of silly to be in court when it’s a pretty decent chance we’re going to work it out,” Lacheney said.
Had the case gone to trial, Luck would have had to prove that the county’s denial of the rezoning request “was arbitrary or capricious,” Lacheney has said, adding that, “Under Virginia law, the decision of the Board is presumed to be correct.”