Fauquier, Alwington working on settlement
Alwington Farms Developers LLC wants to build homes on this parcel near the town of Warrenton but so far has been unsuccessful in obtaining permission from the Fauquier County Board of Supervisors. Fauquier Times Staff Photo/Randy Litzinger
The Fauquier Times has learned that Fauquier County and Alwington Farms Developers LLC are negotiating a settlement of the existing lawsuit between the two parties.
After eight unsuccessful attempts to get permission from Fauquier County to build homes on a 439-acre plot, Alwington Farms Developers LLC took the county to court last November.
Alwington attorney Merle Fallon wouldn't elaborate on the details of the case or how close the parties are to a settlement. However, he did say it's always better to settle than to go to court.
In many cases, "going to court only enriches lawyers," said Fallon.
County attorney Kevin Burke would not comment on settlement talks.
A demurrer hearing is scheduled for Oct. 22 in Fauquier County Circuit Court as the county seeks to throw out the lawsuit.
Alwington wants to build a single-family home development on land near the Wal-Mart and The Home Depot in Warrenton.
After being rejected for the eighth time, the developers filed a lawsuit against the county, alleging violations of the U.S. Constitution, the Dillon Rule, the newly passed Eminent Domain Amendment and numerous claims of illegal county ordinances.
The developer has claimed, among other things, that the property has a by-right use. Bringing water to the subdivision has also been a major bone of contention.
For the rest of the story, pick up a copy of last Friday's Fauquier Times.
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