Friday, April 23, 2010

Supreme Court of Virginia dismisses appeal of Judge Jay Swett's decision on the Meadow Creek Parkway lawsuit

Image: Supreme Court of Virginia

In a letter dated April 22, 2010, the Supreme Court of Virginia dismissed the appeal (Record No. 092113 - Peter Kleeman et al. v City of Charlottesville, et al.) of the case (Circuit Court No. CL09000084-00) heard by Charlottesville Circuit Court Judge Jay Swett. Below is a digital version of the letter from the Supreme Court.

I am disappointed that the case was dismissed on a technicality rather than on the merits of the case. A request to reconsider the issue may be filed within fourteen days if a basis for such a request exists. I am awaiting information from the Chief Clerk of the Court regarding this possibility to decide if any request will be made.

It should be noted that this case is totally independent of the Coalition to Preserve McIntire Park's primary concern about federal environmental and historic preservation issues that are only addressable in federal court after a final federal action by the Federal Highway Administration (FHWA) is taken. An action of this type may be taken by the FHWA in the next few months. The coalition may file a federal lawsuit once it has had an opportunity to analyze the FHWA action.


In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Thursday the 22nd day of April, 2010.

Peter Kleeman, et al., Appellants,

against Record No. 092113
Circuit Court No. CL09000084-00

City of Charlottesville, et al., Appellees.

From the Circuit Court of the City of Charlottesville

Finding that the appeal was not perfected in the manner provided by law because the appellant failed to timely file the petition for appeal, the Court grants appellee City of Charlottesville's motion and dismisses the petition filed in the above-styled case. Rue 5:17(a)(1).
Justice Mims took no part in the consideration of this case.

A Copy,


Patricia L. Harrington, Clerk

By: Lesley David>

Deputy Clerk

1 comment:

emory said...

The Council Vision, unfortunately, does not have a clause about pursuing the truth. There is a section which gives the appearance of encouraging citizen involvement:

Smart, Citizen-Focused Government
The delivery of quality services is at the heart of Charlottesville’s social compact with its citizens. Charlottesville’s approach to customer service ensures that we have safe neighborhoods, strong schools, and a clean environment. We continually work to employ the optimal means of delivering
services, and our decisions are informed at every stage by effective communication and active citizen involvement.