Cell Towers, Lawsuits & Lawyers: JCC Zoning Bd. Looks for Help

January 31st, 2009 by WY Daily Staff
Cell Towers, Lawsuits & Lawyers: JCC Zoning Bd. Looks for Help

Not a tree, but a cell phone tower.

The James City County Board of Zoning Appeals met Friday night to decide how to proceed now that five groups have begun court proceedings to appeal its decision to overturn a go-ahead on two cellular towers in Kingsmill.

The BZA is looking to find legal assistance, and since the county is one of those five groups the county attorney can’t help them. See WYDaily’s earlier story for details on the issue at hand.

After taking roll at the public meeting, the BZA adjourned for about an hour to a closed session with an attorney working pro bono to give the board advice. The board then reopened the evening’s meeting to the public to discuss the situation.

The folks who attended the meeting, which included some of the legal counsel from the five groups looking to overturn the BZA ruling, waited patiently for the members to return. They were generally the same people who have been attending other meetings about the issue for more than a year.

The BZA passed resolutions that requested funds from the county to hire legal counsel and organized a few members into a committee to find suitable representation.

The situation is complex, because the BZA could be considered a somewhat judicial group that may not be entitled to legal counsel when their case appears before the circuit court. The board does not believe that’s the case, and so they are proceeding with finding themselves a lawyer – if the county agrees to foot the bill, that is.

If not, the BZA is on its own. Along with all the others involved in the suit, they’re waiting to hear what the county has to say.

One Response to Cell Towers, Lawsuits & Lawyers: JCC Zoning Bd. Looks for Help

  1. Anonymous

    January 31, 2009 at 7:48 am

    I spoke with Desiree Parker last evening at the BZA meeting. I applaud her and the Williamsburg Yorktown Daily for the two excellent articles re the cell tower issue in Kingsmill. I do take issue with the picture of the “fake” cell tower that has accompanied each article. This picture is from the website of Cell Trees, Inc., the company from whom JCC will buy the “fake” trees for construction. Its pretty good looking> I will send you actual photos of the only two “camouflaged” trees in JCC. Then you can see that these things are really UGLY. The photos will be sent separately to Ms. Lenz for the attention of Desiree since I have no email address for Desiree. I am very pleased to know about WY Daily and thank you again for the coverage.

    William O. Halteman


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