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Board of Zoning Appeals - Court Decision of the Kingsmill Towers

December 18, 2009

Contact: Christy Parrish, Zoning Division

Phone: (757) 253-6685         
Fax: (757) 253-6822


The Chairman of the Board of Zoning Appeals has requested that the Zoning Administrator, who serves as the Secretary of the Board of Zoning Appeals, send out the below press release statement regarding the recent court decision of the Kingsmill Towers.

Board of Zoning Appeals Press Release:

After a brief closed session meeting with their attorneys Wednesday night, the James City County Board of Zoning Appeals voted not to appeal Circuit Judge R. Bruce Long’s opinion reinstating the County Planning Director’s approval of two cell towers in the Kingsmill subdivision. The eight page opinion, handed down on December 7, 2009, largely vindicated that the process followed by the Board of Zoning Appeals in its December 18, 2008, hearing of the matter. The judge found, however, that the County which pursued the appeal along with wireless carriers Verizon and AT&T, had proved by a preponderance of the evidence that the towers complied with the County’s camouflage Tower Ordinance.


Mark J. Wenger, BZA Chairman, said the Board voted unanimously not to pursue an appeal.


“The Board is satisfied that the Judge properly rejected the legal attacks on our decision making process. While a majority of Board Members disagree with the Judge’s decision, they nevertheless feel it is in the best interest of the citizens to put this matter to rest.”

Board Members expressed appreciation to the Newport News law firm, Patten, Wornom, Hatten & Diamonstein, which appeared in the case pro bono.



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