Housing Board sues Smoketree Association for discrimination
By Greg Pearson STAFF WRITER

The Virginia Fair Housing Board is suing the Smoketree Association for over $315,000 for alleged discrimination against a group home for mentally disturbed adults, located in the neighborhood. The suit was filed in Chesterfield Circuit Court earlier this month by the Attorney General's Office acting on behalf of the state agency.

The Fair Housing Board is seeking compensation for Kimberly and Ingrid Pettus, the owners and operators of Inspiration House. It includes costs to defend the group home against a "retaliatory lawsuit" by the association, economic losses for a "hostile environment," and "physical and emotional distress."

A year ago, the court threw out a lawsuit by the association alleging the home was operated in a negligent manner and was a nuisance. Smoketree's architectural review committee, which reports to the association board, said the home was operating as a "daycare facility," and not as a single-family residence as required by county zoning. According to the filing, the court ruled that the home "did not constitute a nuisance" and had proper zoning approval.

On Aug. 1, 2005, a resident of the group home left the house, but "was recovered within 20 minutes" after grabbing "the foot of a woman who was the guest" at a neighboring home. No charges were filed by Chesterfield police.

The state lawsuit cites an e-mail sent on behalf of the association board, saying "the association is trying to remove these houses from our neighborhoods and could use our support." There are two group homes in Smoketree. With the appropriate licensing and county zoning approval, state law allows a group home to locate in a residential community.

Three months ago, the Virginia Fair Housing Board determined there was sufficient evidence that discrimination had occurred. "...Reasonable cause existed to believe that…[the] Smoketree Association and the Smoketree Architectural Review Committee engaged in unlawful discriminatory housing practices," reads the lawsuit.

In addition to actual damages for $315,000, the suit seeks punitive damages to be determined by a jury. The state is also seeking reimbursement of legal fees.

The newspaper was unable to reach either attorney Vijay Mago of LeClair Ryan, representing the association, or William Wojick, president of the Smoketree Association, to comment on this story.