Costco lawsuit hearing set for April 7

Parker set aside four hours for testimony and arguments.

The hearing will begin at 9:30 a.m. in the courthouse at 39 Culpeper St., Warrenton.

James Rohr, who lives about a half-mile from the Costco site at U.S. 29 and Route 600, filed a lawsuit against the county, claiming the board of supervisors violated Fauquier's comprehensive plan and zoning ordinance in approving a special-exception permit for the 148,000-square-foot store.

In November, the supervisors voted 3-2 in granting developer and landowner Cross Creek Investments LLC a permit for the store.

Rohr's lawsuit also names Cross Creek Investments.

He claims the supervisors acted illegally because he believes Fauquier's comprehensive plan prohibits "big-box" stores in the New Baltimore Service District, a designated growth area that includes the Costco site.

In failing to comply with the comprehensive plan, the supervisors also violated zoning ordinance criteria for issuing Cross Creek a special-exception permit for the planned store, according to Rohr.

In response to Rohr's lawsuit, the county and Cross Creek Investments essentially have argued the same points.

As a guide or blueprint to growth, the comprehensive plan cannot trump zoning.

The Costco site is zoned commercial. The zoning ordinance allows so-called big-box stores (retail establishments of 50,000 square feet or more) in such areas, with special-exception permit approval.

County Attorney Kevin Burke represents Fauquier. Northern Virginia lawyer John Foote represents Cross Creek. Leesburg lawyer Charles Moss represents Rohr.

Cross Creek Investments has a contract to sell Costco 16 acres. It hopes to provide the finished site to the Issaquah, Wash.-based company in June. Costco wants to open a New Baltimore store before Thanksgiving, according to the developer.

The Costco store would be part of Cross Creek's plans for a 250,000-square-foot shopping center, which would include shops, restaurants and offices.