Triple Threat: Supervisors Address Legal Issues

The King George County Board of Supervisors convened in closed session Tuesday night to address three distinct legal matters, signaling a period of potential legal turbulence for the county.

• Amazon’s Petition: As previously reported, Amazon Data Services has filed a petition against the county, escalating a dispute that has yet to be fully detailed.
• Hopyard Farm HOA’s Declaratory Judgment: The Hopyard Farm Homeowners Association (HOA), along with Payne Street, LLC, initiated legal action on May 1, seeking a declaratory judgment regarding the reversal of the Hopyard Nature Trail conveyance to the county.
• IAAF Local 4438’s Potential Lawsuit: the King George Chapter of the International Association of Firefighters (IAAF Local 4438) is contemplating a First Amendment lawsuit, adding another layer of complexity to the county’s legal landscape.

Hopyard Nature trail Dispute: A Zoning Ordinance clash

The core of the Hopyard Farm HOA’s complaint revolves around a proffer statement from Oct. 20, 2003, which mandated the HOA to transfer the Hopyard Nature Trail to the county. The HOA argues that the board’s subsequent decision to reject the conveyance contradicts this prior agreement.

However, in complete reversal, on April 1, 2025, the board voted to refuse to accept the conveyance of the Hopyard Nature Trail by the plaintiffs to the county.

A declaratory judgment, as sought by the HOA, is a legal mechanism to clarify the rights and obligations of parties without necessarily demanding specific actions or monetary damages. The HOA contends that the 2003 proffer,once accepted by the board,became an integral part of the zoning ordinance,carrying the full weight of the law.

According to the original proffer, Hopyard associates, LLC, or its successors, were required to construct a trail parallel to State Route 607, complete with 10 parking spaces, for public use at all times. The HOA completed the trail construction in August at an approximate cost of $500,000. Documents for the trail easement plat, a trail subdivision deed, and a trail deed of conveyance were submitted to the King George director for community development and Interim County Attorney Richard Stuart on March 15, 2024.

Plaintiffs repeatedly requested updates on the county’s review of the conveyance documents, but the county did not accept the Hopyard Farm Trail as required by the proffer.

The Hopyard Farm Trail was initially listed on the supervisors’ March 18 agenda for discussion and later as an action item on the April 1 agenda. The board’s decision to decline the conveyance stemmed from concerns about the county’s potential liability for trail maintenance.

Attorneys representing the HOA assert that the board’s action effectively “re-amended” the zoning ordinance without adhering to the necesary procedural requirements. They argue that the board’s discretion is not unlimited when it comes to zoning ordinances.

The board does not have unfettered discretion when it decides what to include in the zoning ordinance… In adopting the zoning ordinance, the board must abide by the parameters set forth in Virginia code … In addition, Virginia code does not provide the board with the authority to refuse to comply with a proffer previously accepted by a prior board.

The HOA seeks a court declaration that the board’s vote is null and void, a determination that the decision was arbitrary and capricious, and a confirmation of the HOA’s vested rights in the trail conveyance.

firefighters’ First Amendment Concerns: Budget Cuts and Facebook Posts

While IAAF Local 4438 has not yet filed a lawsuit, its members are preparing for a potential legal battle over concerns about budget cuts and alleged attempts to stifle their freedom of speech. The proposed budget includes a $210,000 reduction in funding for the fire department, with $136,000 of that amount coming from the Aid to Localities Fund, a statewide grant program.

ATL funds were never intended to replace local dollars… We’re turning zero-experience people off the street into certified firefighters and EMTs. Those funds are more critical than ever before.
Triston Beverly, IAAF Local 4438 President

Beverly warned that the budget cuts could lead to overtime reductions and potential staffing shortages at fire stations. His concerns, voiced on Facebook, triggered a response from supervisors who threatened disciplinary action against him and IAAF Local 4438.

There needs to be some sort of disciplinary action taken on this… Whenever they post this on Facebook, they’re attacking us.
James Madison District Supervisor Ken Stroud

IAAF Local 4438 is represented by John Ackerman of Mooney Green, a law firm specializing in workers’ rights. Beverly expressed concerns that the supervisors’ comments jeopardized his position as a firefighter, even though he was speaking in his capacity as the union president.

After they made those public comments, it was really hard to sit there and advocate for a robust budget that makes sure we’re meeting safety standards… It’s hard to go out and speak on that, when your job — the very thing that feeds your family — is being threatened.
Triston Beverly, IAAF Local 4438 President