The latest skirmish between the owner of Arby’s Forest Lakes and Albemarle County over his use of signs and advertising is now in the hands of a judge.
The case pits the county against a business owner who is an outspoken critic of what he deems excessive and unfair enforcement of county regulations. Tom Slonaker has argued that Albemarle is effectively anti-business, while the county maintains he was in violation of its zoning ordinance.
General District Judge William G. Barkley said Monday that he would take the case under advisement and issue a ruling before Oct. 26.
Andrew Kellerman, a county code enforcement officer, testified he visits the Arby’s on business about once a month. During visits in April, May and June, Kellerman said, he noticed signs that were placed without permits.
Kellerman also said vehicles and trailers with signs for Cville Inflatables, Slonaker’s bouncy house business, weren’t parked in “approved parking spaces” on the property.
Defense attorney Larry Miller said in court that the county’s code doesn’t define that requirement.
“There’s nothing in the code to say what an approved parking spot is,” Miller said.
Slonaker testified that he asked his employees to remove the light pole signs after he got word about the violation. However, Slonaker said eye surgeries left him blind for a while, preventing him from noticing that one light pole sign remained.
The restaurant owner testified he didn’t have permits for any of the signs cited in the notices of violation. He also didn’t he have a business license to operate Cville Inflatables from the eatery.
Slonaker has repeatedly accused the county of selective enforcement of its zoning ordinances. The restaurant owner said other businesses have signs like his, but they haven’t received notices of violations.
Lee Catlin, the county’s spokeswoman, previously said the Board of Supervisors has asked the zoning department to enforce actively the zoning ordinances in the county’s development areas. However, Catlin said, most cases are the result of a complaint.
“We feel obligated to follow through with complaints,” she said.
Slonaker said relations between him and the county have been tense since 2003, when Slonaker wanted to fly the Arby’s flag beneath the American flag.
Recently, Slonaker paid for radio ads calling attention to this as part of a four-year campaign “objecting to what we feel is an anti-business climate.”
Slonaker said he still plans to file a lawsuit against the county.
Miller said his client could face up to $3,400 in fines if the judge finds in favor of the county. No matter Barkley’s decision, Miller said he expects the case will be appealed.
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