Connect with us

Crime/Court

HEPTAD Sues Front Royal Town Council for $6-Million in Damages on Swan Estates Proffer Amendment Denial

Published

on

According to documents in the Warren County Circuit Court Clerk’s Office, on Monday, September 25, legal counsel for HEPTAD LLC (Heptad) filed a civil action against the Front Royal Town Council for its August 28 rejection of Heptad’s Proffer Amendment proposal to facilitate the long-floundering Swan Estates residential development. That development on a total of 98.25 acres to the west of Leach Run Parkway is for a now-reduced number of homes on “approximately 86 acres” — 335 units, down from 450 with all multi-family units eliminated, was cited in the civil complaint. The Heptad/Swan Estates residential development project was broached in 2011, with initial proffers offered and placed in 2012, according to references in the civil complaint.

But focusing on the August 28, 2023, council rejection of Heptad’s proffer amendment proposal, the company is seeking damages of $6 million as a result of a divided town council’s 4-3 vote to deny the amended proffers. Mayor Lori Cockrell cast the decisive tie-breaking vote for the denial of “Skip” Rogers motion to approve the proffer amendments. Voting with the mayor for denial were Melissa DeDomenico-Payne, Amber Morris, and Josh Ingram. Voting for approval with Rogers was Vice-Mayor Wayne Sealock and Bruce Rappaport.

Graphic accompanying HEPTAD LLC proffer amendment submission showing parameters of Swan Estates parcel. Locations of WCHS to left, WMH at right-center, and WCMS upper right, are shown. Below, the Front Royal Town Council ponders what it has been shown regarding the Heptad Proffer Amendment proposal to update what was originally agreed to in 2012, prior to construction of Leach Run Parkway. Royal Examiner File Photos

The bottom line in the civil complaint filing on the first page states: “Heptad maintains that the Council’s denial was arbitrary, capricious, unreasonable, unconstitutional and in violation of Virginia law.” Heptad’s counsel cites six counts justifying its damages claim against the town council as a whole entity. It is also noted that Heptad’s contract with Van Metre Communities LLC to purchase the property for development fell through as a direct result of the proffer amendment denial.

Count 1: In denying the Amended Proffers, Council refused to relieve Heptad of the burden of an unconstitutional condition in violation of Va. Code Ann. 15.2-2208.1;

Count 2: The Council’s denial of the Proffer Amendment was a violation of Va. Code. Ann. 15.2-2298, in violation of the Dillon Rule;

Count 3: The Council’s request that Heptad relinquish its property rights to credits as a condition of amending the 2012 Proffers violates Plaintiff’s vested rights;

Count 4: The denial of the Proffer Amendment is a violation of Va. Code Ann. 15.2-2303.4;

Count 5: Declaratory judgment that the monetary contribution remaining in the 2012 Proffers constitutes an unconstitutional condition. Of this count, it is added: “The failure or refusal to approve the 2023 Proffers has left Heptad subject to the 2012 Proffers, which impose an unreasonable and unconstitutional condition on the development of the Property that remains a burden on the Property, specifically an unconstitutional monetary contribution toward the cost of construction of Leach Run Parkway that must be removed.” A case of the BOS of Albemarle Co. v. Route 29, LLC is cited in support of this count.

Count 6: Violation of rights protected by the United States Constitution in violation of 42 U.S.C. 1983 because of the monetary contribution remaining in the 2012 Proffers constitutes an unconstitutional condition.

Heptad also alleges inaccurate information or flawed interpretation of information being cited by council members during the final public hearing phase and council discussion leading up to the split vote of denial.

And we’ll let the lawyers take it from there. The Prince William County-based law firm of Walsh, Colucci, Lubeley & Walsh P.C. submitted the 28-page civil complaint on behalf of HEPTAD LLC. Attorneys John H. Foote and Matthew A. Westover appear to be the involved counsel, with Foote signing the civil complaint submission above his and Westover’s contact information.

As noted in the Royal Examiner’s story on the August 28 vote referencing the Town meeting video: “The Swan Farm proffer amendment public hearing begins at the 2:05:47 mark of the linked Town video; the vote is called at 2:59:15 mark, with the deadlock reaching the mayor at the 2:59:47 mark. (The mayor’s) vote is cast at 3:06:20, ending the discussion – for now.”

“For now,” indeed. If we recall correctly, prior to casting her tie-breaking vote, Mayor Cockrell commented that certain past proffer-related actions or inactions by Heptad left her with “heartburn” on the proposed proffer changes. Wonder how that heartburn is doing now.

 

Split Town Council Denies Swan Estates Proffer Amendments, Hears Overwhelming Citizen Support for Revitalized Youth Center

 

Front Royal, VA
63°
Cloudy
7:23 am6:33 pm EDT
Feels like: 63°F
Wind: 2mph NE
Humidity: 97%
Pressure: 29.94"Hg
UV index: 0
SatSunMon
54°F / 32°F
59°F / 34°F
64°F / 43°F
National News12 hours ago

Trump: Execution of Fort Hood Shooter Will Not Be Livestreamed

Community Events12 hours ago

Harmony Hollow Holler Music Festival Brings Appalachian Music to Front Royal October 17

Local News14 hours ago

Winsome Earle-Sears Warns of Consequences of Virginia’s Proposed Constitutional Amendments

State News15 hours ago

Federal Emergency Order Aims to Prevent Power Outages Across Mid-Atlantic, Including Virginia

Crime/Court16 hours ago

Warren County Grand Jury Returns 17 Indictments Against 10 Individuals in October Session

Meet the Candidates18 hours ago

Text Amendment for Aging in Place Community Succeeds at County Planning Commission Meeting

State News19 hours ago

Virginia Lawmakers, Spanberger Grapple With Loss of Federal Healthcare Funds for Trans Youth 

State News19 hours ago

Virginia Sees Gains in Kindergarten Readiness, But Gaps Persist for Underserved Students

Paws & Claws21 hours ago

One Health: Why Animal Health Is Also Your Health

Interesting Things to Know22 hours ago

The Real Winnie-The-Pooh Was a Girl from Ontario

Crime/Court1 day ago

Defense Counsel and Special Prosecutor Reach Plea Agreement on Carter DUI Cases

Obituaries1 day ago

Betty Jean Menefee (1937 – 2026)

National News1 day ago

Trump Administration Appeals Judge’s Order Blocking White House Ban of 3 News Outlets

Local Government1 day ago

Town Council Discusses a Potential Joint Town-County Tourism MOU in Advance of Liaison Meeting

State News2 days ago

Loudoun Superintendent Pushes Back After Virginia Delegate Slams LGBTQ+ History Acknowledgment

State News2 days ago

Chesapeake Bay Gets a C+ in Overall Health, Virginia and Maryland Leaders Say Work to Protect It Must Continue

Meet the Candidates2 days ago

Allen Neel Says Front Royal Needs More Than Plans — It Needs Action

State News2 days ago

Warner Seeks a Final Term as Mizusawa Makes His Case for Change

Real Estate2 days ago

New Homes Stopped Shrinking. The Rooms Didn’t Stop Changing

Local News2 days ago

Lord Fairfax Health District Urges Residents To Prepare For Respiratory Virus Season

Local News2 days ago

Blue Ridge Wildlife Center Patient of the Week: Ruddy Duck

Community Events2 days ago

This Week’s Showtimes at Royal Cinemas as of October 15th

Arrest Logs2 days ago

POLICE: 7 Day FRPD Arrest Report 10/12/2026

Crime/Court2 days ago

Trial Date of January 6, 2027, Set in Misdemeanor Assault & Battery Case Against Hugh Henry

State News3 days ago

Virginia AG Launches Voter Protection Unit Ahead of Midterm Elections