On Monday, April 28, my legal team filed our appeal of the Prince William County Circuit Court’s October 31, 2024 ruling, which dismissed our lawsuit against the County Board of Supervisors for approving the Digital Gateway Project, permitting 37 massive data centers in the slice of agricultural land next to the Manassas National Battlefield.
Our clients are Prince William County neighbors, as well as the American Battlefield Trust which fights to preserve historic sites in American history. The bases for the appeal are multifarious but share certain themes:
1. The County Board failed to enforce its own Zoning Ordinance, i.e. by requiring the developer’s identification of lot lines, transmission infrastructure, and building locations and heights in the application;
2. The County Board failed to require a Special Use Permit, even though the development was outside the County’s Data Center Opportunity Zone;
3. The County Board failed to properly advertise the public hearing and then refused to defer it on December 12, 2023 – after the defect was pointed out — because it was the last hearing when the “lame duck” Board could act.
All these points were brought before the Circuit Court judge. In each case, the Court ruled that the Board’s decision was “fairly debatable” and, therefore, any errors or omissions could be swept under the rug.
In terms of the notice, the Court went a step farther: it made a “factual finding” on October 31 that the failure of the County to advertise the hearing was due to an error by The Washington Post. There was no actual evidence on this point, either from the County or the Post. In fact, the FOIA records we uncovered showed that the notice had been prepared but never actually purchased.
Whose fault? Who knows?
Quite simply, the Circuit Court made a plain error in “finding” on this issue, without sworn testimony and actual evidence.
On June 24, I will argue the case to the Virginia Court of Appeals. And if we prevail, then …
The Third Battle of Manassas is not yet over.
JCP Notes: On May 1, 2025, the Fairfax Bar Association celebrated “Law Day” at the offices of Weiner, Spivey & Miller, PLC. An annual event bringing together attorneys, judges, law enforcement officers, accordion players and beer trucks. What could go wrong?
Enjoy the spring weather