Gecker sues state and HMK
By Greg Pearson STAFF WRITER

Gecker

Dan Gecker and the Crestwood Farms Residents Association are suing the State Water Control Board and HMK, LLC after the board gave HMK permission to alter wetlands on 160 acres near Powhite and Chippenham parkways for a mixed-use development. Though Gecker is an attorney and currently represents the Midlothian District on the county's planning commission, he is suing as a private citizen and resident of Crestwood Farms.

The suit filed in Chesterfield Circuit Court last week alleges that the board violated its own procedures when it reversed its prior decision on Dec. 14 and granted HMK a permit to disturb wetlands. On Sept. 6, the board rejected the Virginia Department of Environmental Quality's recommendations that HMK be allowed to fill in 3.5 acres of wetlands and 2,026 feet of stream channels, and offset environmental impact by making improvements at Mid-Lothian Mines Park in western Chesterfield.

HMK responded by suing the board, saying its denial was "arbitrary, capricious and not in accordance with a permit application… There's no reason to deny the permit because it was valid and [exceeded] the mitigation [required]."

Ultimately, the board reversed itself last December, leading to Gecker and Crestwood Farms filing suit. The suit argues the September decision was final, and the board "exceeded the legal authority" with the reversal. "Issuance of the permit will negatively impact state waters and impair their beneficial use," the suit reads.

Developer Jonathan Perel of HMK received rezoning approval by the Chesterfield Board of Supervisors in 1992 to build Galleria Mall on the property, but commercial real estate experts now question the need for more shopping centers in the region. Nearby Stony Point Fashion Park is reported to have tenants whose sales are lagging.

To develop the site, HMK will also need approval from the Army Corps of Engineers. Planning officials in Chesterfield say the Galleria project will require a major connection to the Powhite Parkway, which would be expensive. Less intensive development is possible with access off Jahnke Road.

"We believe the board's action was legal," said DEQ spokesperson Julia Wellman. "The Attorney General's office advised the board that reconsideration was a legal option."