FED UP residents have been fighting against their own county in a battle of bureaucracy and litigation over a bus parking lot.
In 2022, residents of Arlington County, Virginia, were dismayed to hear that the county's transit was seeking permission to use a lot as temporary bus parking while a permanent facility was built.
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In response to the news, three neighbors in the Ballston-Virginia Square Civic Association took to the Board of Zoning Appeals (BZA) in an attempt to block the permit needed by Arlington Transit (ART), ARL Now reported.
In order for ART to apply for a permit, the county zoning administrator had to approve the use of the lot first, which he did.
But the three residents appealed that decision directly, instead of waiting to argue the permit application itself.
The residents' appeal was denied.
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Still, ART filed a lawsuit against them, alleging that they used the Board of Zoning Appeals process improperly to block the parking use because they tried to circumvent the permit hearing.
Neighbors were quick to come to their fellow residents' defense, calling out the county for its response.
“It’s a SLAPP [Strategic Lawsuit Against Public Participation] suit: a use of superior resources to haul citizens into court wear them down and demoralize them," said neighbor Thomas Viles.
"Perhaps even beggar them lest they become too vociferous and their concerns about pollution, noise and other avoidable nuisances, such as those which this permit enables,” he continued.
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“So far, your lawsuit has accomplished nothing expensive as it was it proved insufficient to shut these voters up.”
The neighbors have been granted a small win as ART dropped the lawsuit after a new appeal was filed with the BZA, which granted a hearing.
According to neighbor Viles, the BZA took on the hearing because they were not fond of how the county zoning administrator withheld information about the initial appeal from them.
"When they did learn, however, the BZA repudiated [the county government] for having kept them in the dark,” he said.
The BZA did pass a resolution in September 2023 that instructed the county zoning administrator to alert them of all appeals filings regardless of their merit.
“The BZA has never authorized any person to decline to accept an appeal on the BZA’s behalf,” the resolution read.
“County staff did not consult the entire membership of the BZA before declining to accept any appeals of a zoning administrator determination," it continued.
"Nor did County staff inform the BZA of its communications and actions in regards to any appeals filed between March 7, 2022, and the date of the adoption of this resolution.”
Ultimately, the ART was granted use of the lot for parking their vehicles by the county board, but the community has not given up and a BZA hearing is scheduled for January 31.
Neighbors have been vocal about the impact the parking lot has had on their community.
Neighbor Robbi Woodson spoke to the lights and audible commotion that could be heard throughout the night.
“I also enjoy being woken up by the fire department at 3 am with their lights and sirens and the movement of a two-ton truck that then shakes the foundation of my house,” she said at one hearing.
“Any of you are welcome to come stay in my guest room whenever they decide to practice their lights sirens because you will have a firsthand experience.”
Ken Hughes has lived in the area for over 30 years and says that beyond the noise and light pollution, emissions are an issue.
“It’s harmful to children and to adult health,” he told ARL Now.
County officials had committed to mitigating the noise issues, installing an acoustic fence at one point, but the neighborhood does not believe they have done enough.
“We were encouraged by the near unanimous commitment by County Board members to the ‘greatest possible level of mitigation,’ however, the statement has proven hollow,” said Jim Rosen, Ballston-Virginia Square Civic Association President.
New County Board member Susan Cunningham pushed the issue on the resident's behalf and now the permit will be reviewed within six months of its issuance, rather than a year.
The ART also has to publish data on the site's use, such as bus idling, in response to “continued consternation in the community.”
Other county board members have acknowledged a seemingly disastrous handling of the permit issue, calling for a review in the future.
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"Regardless, I think that we must… learn some lessons about how we interact with the community, how we measure impact, especially in sensitive areas,” said County Board Vice-Chair Takis Karantonis, as reported by ARL Now.
“This is one of our actions that needs an after-action review at some point when we have concluded.”
