Woodpecker Rd. neighbors sue county over use permit
By Greg Pearson STAFF WRITER

Stewart

Nine residents have filed suit against the Chesterfield Board of Supervisors, the county's planning director, Chesterfield Circuit Court Judge Timothy J. Hauler and his wife, and the Dellwood Plantation to overturn a conditional use permit for the 20.6-acre bed, breakfast and special events business owned by the judge and his wife.

The Woodpecker Road plaintiffs filed suit on Aug. 24, but the court records weren't available for almost three weeks, because they were being reviewed in the Chesterfield Circuit Court's judges' chambers. The county's Circuit Court judges are expected to recuse themselves from the case and "bring in a judge from outside the area who doesn't know Hauler," said a retired judge who asked not to be identified.

Led by county critic Brenda Stewart, the other complainants in the case are Edith and John Bleattler, Samuel P. Busch, Jean and Stewart Driskill, Gregory and Kelly Schultz and June S. Zink. The citizens are not represented by legal counsel.

By a 2-1 vote on July 26, the board approved a conditional use permit to operate the business, finally bringing to a close one of the longest running zoning cases in county history. Previously, the Planning Commission recommended approval by a 3-2 vote, and the Planning Department also recommended approval, but took no position on whether alcohol should be served during events on six-acre parcel of Dellwood that's adjacent to Matoaca High School.

A county ordinance prohibits alcohol sales within 500 feet of schools.

While operating under a previous permit that didn't allow drinking on that six acre parcel, a photographer aboard a State Police aircraft took pictures that showed partygoers drinking there. During public hearings on the issue, residents alleged that the county was playing favorites, because Hauler is a judge. But the supervisors argued that the decision was patterned after a similar conditional use request made earlier this year by Celebrations, another special events business.

Noise from entertainment during special events was an issue in both cases, and comments by Matoaca Supervisor Renny Humphrey noted the similarities in the board's decision. In late spring, Planning Commissioner Dan Gecker and Planning Director Kirk Turner made an unannounced visit to Dellwood during an evening event. They reported the noise level was not too high.

The 19-page court filing lists numerous complaints regarding the board's decision, some of them procedural. One alleges that a speaker went beyond the three-minute time limit during the board's public hearing. However, at the commission's public hearing, Stewart was permitted to speak for about 45 minutes, reading from a prepared text.

During the board's public hearing, Richard Hairfield, Hauler's attorney, alleged that "Judge Hauler has been investigated by everyone under the sun." He specifically identified Stewart, saying she filed 22 complaints to defeat his permit request. The lawsuit reports that Stewart filed only three complaints.

According to Public Affairs Director Don Kappel, "A conditional use [permit] allows certain uses that are not allowed by right, but that the Board of Supervisors can approve after reviewing the proposed use at the proposed location and after considering all aspects of the matter."

The County Attorney's Office declined to comment on the suit.

The board decision "constitutes a disregard for the welfare of the Woodpecker Road complainants, promotes unlawful use of property, and overlooks and enables violations of zoning ordinances by those empowered to enforce them, thus ratifying such violations and effectively breaking the law," the suit reads.