Attorney challenges Dollar General vote

The Shenandoah Valley-Herald

BAYSE — A Woodstock attorney is challenging a decision by the Shenandoah County Board of Supervisors to rezone a parcel of land in Basye for a Dollar General store.

According to County Attorney Jason Ham, attorney Bradley Pollack claims that Tom Brice, who owns a condominium at 456 The Hill Road, was not made aware of a public hearing on the rezoning, which supervisors held before taking a vote during its April 25 regular meeting.

The board voted, 4-2, to rezone the 1.6-acre parcel at 1460 Orkney Grade from high-density residential to general business. Conrad Helsley, Cindy Bailey, Marsha Shruntz and Richard Walker approved the rezoning.

Dick Neese and Steve Baker, whose Second District includes the Basye community, voted against it, citing other spots in town already zoned for commercial activity where the store could go.

Brice’s property is part of Bryce Hill Condominiums, which adjoins the store site.

“He [Pollack] claims that the county didn’t follow the proper procedures,” Ham said on Monday. He declined to comment futher on the case.

Calls to Pollack’s law office at 753 S. Main St. were not returned on Tuesday.

According to state law, a planning commission must give written notice of a public hearing for a proposed amendment to the local zoning ordinance at least five days before such a hearing to the owners of the property being rezoned, plus the owners of all properties abutting or across the street from the property in question.

If such abutting properties include a planned unit development, then notices must also be sent to all owners in that development whose property is within 2,000 feet of the land being rezoned, state law adds.

Brice’s condo is two-tenths of a mile, or 1,056 feet, from the Dollar General site, according to Google Maps.

County Administrator Mary Beth Price declined to comment on the challenge, including whether the county followed the advertising requirements.

Supervisors were alerted to Pollack’s claim during a closed session of their May 9 regular meeting, according to District 1 Supervisor Dick Neese. He said he does not know what the board’s next step will be.

“I assume we’ll be consulted about it,” he said.

The site is about two miles from the entrance to Bryce Resort. No timetable has been given for when the store will be built.

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