Underway is a lawsuit appealing the actions of Brunswick County Board of Supervisors regarding the controversial 3-2 approval of the rezoning of a property in the heart of historic Ebony, Va. for an invasive and overbearing 9100 sq. ft. Dollar General box store with traffic generation that is calculated to be an increase of 578 trips per day in an area that is already a traffic safety hazard.

Proper enforcement of land use management statutes and Counting zoning regulations is designed to prevent this exact thing from happening. The Board of Supervisors is accountable for proper enforcement.

A petition to Appeal was filed by Plaintiffs, Anne Edwards Hartley and Prospect Cemetery Association, on 2/28/20. The County responded with a “Demurrer” initiating a motion that the case be dismissed. The Plaintiffs filed a Response in Opposition to Demurrer at the end of May stating why the case should not be dismissed. A court hearing for the Demurrer was set for the beginning of August.

On Aug. 3 there was a hearing in Brunswick County Circuit Court regarding this matter in front of the Honorable Carson Saunders on the motion put forth by the County to dismiss the case. Hearing from both sides, he acknowledged there is a lot to consider and would respond with a decision in writing as soon as possible.

Approximately eight weeks later, we received a letter from Judge Saunders dated Sept. 24 that gave us 3 weeks to file an Amended Petition to include in the body of the complaint document all of the detail evidence of our complaint that had been filed in a separate document in response to Demurrer.

Furthermore, the letter stated that If we did not file the said Amended Petition within the allotted time frame, that he would sustain the County’s Demurrer. We filed the Amended Petition on October 14, within the specified time frame. Litigation continues.

If you are interested in learning more about the details of this case and the grassroots opposition, or just staying connected, visit KeepEbonyCountry.org and follow Keep Ebony Country on Facebook.

All support is greatly appreciated. Stay tuned!

- Anne Edwards Hartley, Plaintiff, On Behalf of Keep Ebony Country and All In Opposition