CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – As the City of Charlottesville awaits the court to consider a motion to reconsider its June 30 summary judgement throwing out the 2024 Development Code because of a procedural issue, the city stands ready to argue the remaining merits of the lawsuit against it. In its motion filed with Charlottesville Circuit Court July 22, the city contends “Gentry Locke apologizes to the Court for this inadvertent mistake and stands accountable for it. That does not mean, however the default judgement is appropriate.”

The motion notes the state Supreme Court has remedies short of default judgement, and “default judgement would be a harsh and disproportionate remedy in light of Gentry Locke’s inadvertent mistake”.

The city is now asking for a hearing before a formal written court order is issued, an order that still had not been issued as of noon July 24. The motion notes the plaintiff’s counsel was asked to prepare such an order at the June 30th judgement, but such an order “has not yet been entered”.

While the city is contesting the procedural court ruling, City Councilor Lloyd Snook told CvilleRightNow Live Tuesday afternoon the city is prepared to argue the remaining case merit should it move forward. The plaintiffs argue the city improperly passed the new ordinance without the proper preparation of a traffic impact study by VDOT. However, Snook told CvilleRightNow Live cities in Virginia maintain their own roads, unlike counties where VDOT maintains their roads.

In fact, “The statute was a little vaguely worded in that respect, so we at one point called up VDOT and asked what they would want to satisfy this apparent requirement,” Snook said.

“VDOT said ‘we don’t know, nobody’s ever done it'”, said Snook.

In attempting not to fight the plaintiffs’ request, “We’ve actually invited the other side in this transaction to be a part out what such a study ought to look like, and they’ve said they’re not interested in basically helping us solve this problem.”

City Manager Sam Sanders has said, absent a formal, written court order, the city right now is operating under the 2024 Development Code, but only insomuch as processing permit applications. Zoning decisions are right now on a temporary hold.