Judge backs Meadowcreek transfer

The land transfer that gave the Virginia Department of Transpor-tation the right to build the Meadowcreek Parkway on city property was legal and constitutional and construction may continue, a Charlottesville Circuit Court judge has ruled.

Parkway opponents say they are considering an appeal of the decision and are looking into filing a federal lawsuit, arguing that officials have tried to avoid federal environmental laws by dividing the project into three different segments.

Judge Jay T. Swett made his ruling June 26 after receiving testimony from parkway opponents, city officials and VDOT officials at a May 19 hearing. Opponents had argued that the city could not sell property to VDOT without a “super majority” of council members voting to approve it.

That vote would have required four of five councilors to approve the parkway. The council split 3-2 on the vote. The lawsuit also sought a temporary injunction to stop any construction pending the outcome of the suit.

Swett said that money transferred from the state to the city was part of an agreement to offset costs rather than a bona fide sale.

“The city could have constructed this portion of the parkway on its own … this could have been accomplished by a simple majority of the council,” Swett said in his ruling. “A three-fourths vote of the Charlottesville City Council is not required to convey a road construction easement to the Commonwealth of Virginia.”

John Cruickshank, of the Coalition to Preserve Mc-Intire Park, said the organization disagrees with Swett’s interpretation of facts presented in the case and may appeal. The membership is also considering a challenge to the road, based on federal environmental and historic property laws, he said.

On the drawing board for decades, Meadowcreek Parkway is intended as a route that will relieve traffic between the U.S. 250 Bypass and U.S. 29, a connection many drivers now make by driving along Park Street and East Rio Road. But it also would cut through a portion of McIntire Park, which has spawned heated opposition.

City officials say construction on the 2-mile parkway will continue pending any appeal by opponents, just as construction continued during the initial lawsuit.

“The court ruled in favor of the city and [VDOT] and that allows the construction to continue on this portion of the property,” said Craig Brown, Charlottesville city attorney.

“There is nothing in the ruling that precludes them from filing a lawsuit on any of the other properties or on this property again,” Brown noted.

The section of parkway involved in the ruling is east of Melbourne Road, near the Charlottesville High School football field. Construction has begun on the section, which runs from Melbourne Road to Rio Road in Albemarle County.

Cruickshank said coalition members believe VDOT divided the project into three segments as a way to avoid applying for federal permits and following federal regulations.

“We recognize there is a better opportunity to stop the parkway in federal court,” Cruickshank said. “And we are actively considering taking this case to federal court.”