On July 31, 2006, in the Stafford Circuit Court, Judge Braxton granted the County’s motion to extend the time for the County to respond to a lawsuit by Stafford Lakes Limited Partnership. Stafford Lakes LP sued the Stafford County Planning Commission and the Board of Supervisors after the Planning Commission denied Stafford Lakes’ preliminary subdivision plan to develop Crow’s Nest. That denial occurred in a unanimous vote of the Planning Commission in January 2006. Amazingly, the County Attorney’s office missed the deadline to respond to the lawsuit, which meant that by default the plaintiff (Stafford Lakes LP) would win the case—unless the Judge exercised his discretion that there is good cause to allow the case to proceed. In this case, Judge Braxton did find such good cause. The lawsuit will now continue to move forward, but it will be decided on its merits, rather than on a technicality. The next court hearing in the matter is scheduled for September 25th at 1:00 pm. (Read the news story.)

Save Crow’s Nest is pleased that Judge Braxton recognized the importance of Crow’s Nest to the people of Stafford County, and did not allow the errors by the County Attorney to penalize the public good. We look forward to the Board of Supervisors now moving forward with their decision to acquire and preserve this remarkable property. As the legal wrangling over Crow’s Nest continues, please consider making a tax-deductible donation to the Crow’s Nest Defense Fund, LLC. The Defense Fund was created to protect the cultural and natural resources on the Crow’s Nest peninsula. To accomplish this mission, the Defense Fund has retained Mr. David Bailey, a noted environmental attorney.