Showing posts with label Virginia Supreme Court. Show all posts
Showing posts with label Virginia Supreme Court. Show all posts

Saturday, November 2, 2013

Governor McDonnell Applauds Today’s State Supreme Court Ruling: Elizabeth River Tunnels Project Moves Ahead to Improve Transportation in Hampton Roads Region

English: The state seal of Virginia. Српски / ...
English: The state seal of Virginia. (Photo credit: Wikipedia)
RICHMOND - Governor Bob McDonnell announced today that the Elizabeth River Tunnels Project will move ahead as a tolled facility following the Supreme Court of Virginia’s ruling in the Danny Meeks, et al. v. Virginia Department of Transportation, et al. litigation.  The project will build a second Midtown Tunnel, rehabilitate the existing Midtown and Downtown tunnels and extend the Martin Luther King Boulevard. 

Governor McDonnell said, “I applaud the Supreme Court for its ruling today overturning the Circuit Court’s decision declaring aspects of the Elizabeth River Tunnels Project unconstitutional.  The court’s decision means the facilities can be tolled so project development and construction can continue, which will bring significant improvements to the region’s transportation network.  This project, which received broad support as a transportation priority by regional leaders, will make a huge impact on reducing traffic delays and congestion in Hampton Roads.  While we understand the financial impact this toll will have on local commuters, the Elizabeth River Tunnel project is a necessity to ensuring ongoing safety and economic development in the region.  Today’s ruling confirms what my administration has been saying from the beginning: Virginia’s Public-Private Transportation Act (PPTA) is a critical tool in addressing some of our toughest transportation challenges.  By attracting private sector capital and innovation and ensuring projects are completed in a timely, efficient, and cost-effective manner, our ability to partner with the private sector makes otherwise impossible projects doable. This is critically important for future job-creation and economic growth in the Commonwealth.”

“The Elizabeth River Tunnels Project is crucial to the future of the Hampton Roads transportation network,” added Transportation Secretary Sean T. Connaughton.  “Not only will it relieve congestion at some of the worst choke points on the East Coast, but it will help move cargo into and out of the Port of Virginia.”

The Commonwealth is partnering with the private sector, Elizabeth River Crossings, under the PPTA to deliver the $2.1 billion project, with much of the investment coming from the private sector. The project will be financed through tolls, scheduled to begin in February 2014. 

The Elizabeth River Tunnels Project is located in the cities of Norfolk and Portsmouth, Virginia, and includes:
·         A new two-lane tunnel under the Elizabeth River adjacent to the existing Midtown Tunnel;
·         Extending the MLK from London Boulevard to Interstate 264 (I-264), with an interchange at High Street.
·         Minor modifications to the interchange at Brambleton Avenue/Hampton Boulevard in Norfolk;
·         Maintenance and safety improvements to the existing Midtown Tunnel;
·         Maintenance and safety improvements to the existing Downtown Tunnel;
·         Long-term 24/7 maintenance, operations, management, snow removal and incident response in the Project area;
·         An annual subsidy to Hampton Roads Transit to increase bus and ferry services between Norfolk and Portsmouth to the highest level of service—providing improved interconnectivity and low-cost, convenient alternatives to driving.

For more information on the Elizabeth River Tunnels Project, visitwww.DriveERT.com.  Follow the project on Twitter athttps://twitter.com/DriveERT.
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Tuesday, June 18, 2013

Ware Neck resident wins case in circuit court ruling - Ted Wilmot Seeks Revenge?



1:45 p.m. EDTJune 18, 2013

GLOUCESTER — Ware Neck resident Judith Doyel won a small victory in Gloucester County Circuit Court on Tuesday when a judge granted her request to divide a single property with two homes on it over the objections of county officials.
But her victory was tempered when County Attorney Ted Wilmot said he would appeal the case to the Virginia Supreme Court, a move that will cost Doyel thousands more in legal fees and an unknown amount of time waiting out the legal process.
Doyel and her attorney, Bob Hicks, had successfully convinced visiting Judge Walter J. Ford to grant the request to divide equally 7.4 acres on Marshfield Road in Ware Neck. Doyel has been trying to sell the property with two homes on it since December 2011.

A contract on the property a year ago was nullified, however, because an appraiser couldn't find any comparable properties to arrive at a value and no mortgage companies would lend the purchaser money to finance the sale, according to court testimony.
Doyel applied to subdivide the property and filed an application with the county last year, but it was denied by Planning Director Anne Ducey-Ortiz. In court, Ducey-Ortiz testified that as much as she wants to help Doyel, she is supposed to enforce county ordinances.
In Doyel's case, those zoning ordinances in her area prohibit lots of less than five acres with homes on them and bars private roads such as Marshfield serving more than 3 lots; the road serves five.
A farmhouse and a manufactured home were on the property prior to the enactment of the county's zoning and planning ordinances in 1998.
Hicks told Ford that Doyel isn't asking to put anything new on the property. The homes have separate driveways, septic systems, wells and even addresses and keeping them has become a financial hardship for her.
In his ruling, Ford said that Doyel has been deprived of her right to sell her property and "that's a hardship."
Wilmot's move to appeal the case caught Doyel and Hicks by surprise.
"It makes no sense," Doyel said.


This is typical of Gloucester County government.  This article lacks detail in regards to the ordinance in question.  We have shown numerous times on this site that Gloucester County has little to no regard for state law when making local ordinances and have made a number of local ordinances in violation of state law. Could this be another area where the county has done just that?  

  Maybe someone should sue Ted Wilmot for the hardships he is creating here.  This is also part of the reason Louise Theberge was voted out recently.  The people of Gloucester County are tired of these kinds of cruel politics and have made it well known that we are not going to take it anymore.  It would seem to us that there is a grandfather clause in this case seeing as the homes existed on the property prior to the 1998 zoning ordinance.  Is Judith Doyel just being milked here?

This is your county tax dollars working against a citizen of Gloucester.  Send Ted Wilmot an email letting him know not to waste your tax dollars like this.  His email address is ewilmot@gloucesterva.info
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