It’s another legal victory for the American Battlefield Trust and the greater preservation community! The lawsuit challenging the sprawling Wilderness Crossing mega-development at the gateway to the Wilderness Battlefield is officially proceeding to trial.
In a 17-page letter opinion issued Tuesday afternoon, Circuit Court Judge David B. Franzén rejected the attempts by Orange County and the developers of the Wilderness Crossing project to throw out the case. Of the seven counts filed by the Trust and its partners, the judge dismissed three but allowed four to proceed. The remaining counts challenge the rezoning as having been approved in violation of Virginia law governing rezoning processes, public hearings and the equal taxation of land.
As with any preservation success, this was a true team effort, with the Central Virginia Battlefields Trust and Friends of Wilderness Battlefield, alongside local landowners, joining us in the suit as plaintiffs. In addition, our partners in the Wilderness Battlefield Coalition, the Coalition to Protect America’s National Parks, the National Parks Conservation Association, the National Trust for Historic Preservation, and the Piedmont Environmental Council, filed amicus curiae briefs in support of the legal challenge.
It's a ruling that we’ve eagerly awaited, stemming from a motions hearing held in March. The voluminous rezoning record and multiple rounds of briefings following the hearing necessitated extended study by Judge Franzén and we are grateful for the attention he paid to this complex matter.
The news is especially invigorating coming on the heels of last month’s ruling in favor of the Oak Valley Homeowner’s Association lawsuit against the Prince William Digital Gateway (PWDG), which voided that rezoning for some of the same arguments we are making in regard to Wilderness Crossing. Although Prince William County and data center companies are appealing that ruling and our own appeal in that suit continues, these back-to-back outcomes are extremely positive and demonstrate the value of fighting to protect our history.
And so we fight on, buoyed by the knowledge that you, the Trust’s members, stand stalwartly behind us in taking a stand for these historic battlefields and holding decisionmakers accountable for failing to consider the impact of development on our national treasures.
Cordially,
Jim Campi
Chief Policy and Communications Officer
American Battlefield Trust