Connect with us

Local Government

Re-appeal of Atwood-Buracker construction dispute repeats earlier ruling

Published

on

Buracker Construction attorney Joel Francis displays document to support his client’s case. Royal Examiner Photos/Roger Bianchini. Video by Mark Williams.

After a three-hour appeals hearing of her complaint about alleged building code violations related to construction of her new home, built after her old one burned to a total loss, it appears Kristie Atwood and the County Building Inspections Department, County Code Official David Beahm and the Buracker Construction Company are exactly where they were two months ago.

In May the Board of Building Code Appeals, with member George Cline, upheld Atwood’s appeal as to six specific code violations. However another 60 to 125 alleged violations were not upheld. However, it was later ruled that Cline had a conflict of interest due to past associations with the Burackers.

So at 3:30 p.m. on Thursday, July 18, as a second hearing of Atwood’s appeal of County building permitting processes began, Cline was an interested spectator in the audience. But his absence apparently did not alter the board’s perception as to what it had authority to rule on and how it would rule within the parameters of that authority – repeating upholding Atwood’s appeal on those same six code violation claims. Several of those violations appeared to deal with the attachment and base of a porch to the main home structure.

Atwood was represented by David Silek; Beahm spoke for himself; and David and Martha Buracker were represented by attorney Joel Francis of the Botkin Rose law firm out of Harrisonburg. Francis cited Martha’s treatment for cancer at UVA in Charlottesville and her husband’s supportive presence with her as why his clients were not present to tell their side of the construction dispute story.

But speaking for his clients, Francis called Atwood’s multi-faceted claims regarding licensing, a hired consultant’s opinion on 125 or more alleged code violations “more of a shotgun approach to a windfall” related to separate threats of litigation Atwood has apparently made.

Kristie Atwood and attorney David Silek do not seem impressed by any Buracker attorney evidentiary claims.

The hearing developed into many procedural arguments on exactly what had been alleged by Atwood and when; what had been done permitting or code violation-notice wise by Beahm in response; and whether or not the Buracker Construction LLC company was actually permitted to do construction in Virginia or licensed as a business in Warren County.

Silek called his client a victim whose home should have never been allowed to be constructed by an unlicensed entity.

Francis and Beahm countered that while specific Buracker LLC’s may not have been licensed, David Buracker the principal of Buracker Construction LLC was, in fact, licensed to do construction in the state. Beahm told the board that Virginia was very liberal in its permitting of intertwined companies or principals, so that his permitting of construction of Atwood’s home by Buracker Construction was essentially business as usual in the state.

Silek and Atwood, the latter injecting herself into attorney arguments at times, disagreed. Before his sudden departure from the hearing at 6 p.m., about a half hour before it concluded, Silek contended that such transferred licensing was not allowed by state code.

Following her attorney’s sudden departure from the proceedings, apparently due to conflicting scheduling, Kristie Atwood’s husband offered moral, if not legal support of his wife’s case.

Perhaps the only indisputable truth uttered during the sometimes circular three-hour debate came when Beahm told the appeals board, “Whatever your decision it will go before the state – guaranteed. There is no reason for me to argue anything more and waste any more of your time.”

For those not faint of legalese heart, view the legal wrangling and finger-pointing in this 2-Part Royal Examiner video:

Part 1 is the first 2 hours and 13 minutes of the hearing.

YouTube player

Part 2 is the final hour.

YouTube player

 

Front Royal, VA
75°
Cloudy
6:08 am8:29 pm EDT
Feels like: 75°F
Wind: 0mph WSW
Humidity: 76%
Pressure: 29.84"Hg
UV index: 0
MonTueWed
88°F / 70°F
81°F / 68°F
82°F / 66°F
Local News14 hours ago

Santa Brings Christmas Cheer Early During Christmas in July at Spelunker’s

Food16 hours ago

Chicken and Zucchini Skewers Make an Easy Summer Meal

Crime/Court2 days ago

Virginia State Police Seize Eight Firearms and More Than $357,000 in Drugs

National News2 days ago

Federal judge in Virginia says certain abortion drug restrictions are unlawful

State News2 days ago

National Landlord with Property in Virginia Accused of Housing Discrimination

State News2 days ago

DEQ Asks Virginians How to Best Engage Environmental Justice Communities During Permitting Process

State News2 days ago

Virginia Transportation Board OKs Stricter Oversight for Economic Development Fund

Agriculture2 days ago

How Farmers Create Habitats for Wildlife

Opinion2 days ago

In Enthusiastic Agreement with Supervisor Jamieson

National News2 days ago

States Move to Limit Classroom Screen Time

State News2 days ago

Even Without a New Map, Buttigieg Says Virginia Dems Can Win With Focus on Healthcare, Affordability

State News2 days ago

Virginia Hospitals Predict $31B Reduction in State’s Medicaid Funding If Proposed CMS Rule Passes 

Business Growth Series3 days ago

Business Growth Series: Trying to Do Everything Yourself Is Limiting Your Growth

Travel3 days ago

Agritourism Offers a Fresh Way to Enjoy Summer Close to Home

State News3 days ago

Congressional Report Says Virginians Have Paid $1.8 Billion More for Gas Since Iran War Started

State News3 days ago

UVA Study Shows How Housing Affordability Policy, Civic Engagement and Voter Turnout Connect

Historically Speaking3 days ago

More Than a Futbol Rivalry

Scott's Turn3 days ago

Scott’s Turn: A Conversation About Building Stronger Communities

Common Ground with Coolidge3 days ago

The Power of Words: A Lesson From Calvin Coolidge

Community Events3 days ago

Excel to Perform July 23 at Gazebo Gatherings

Obituaries3 days ago

Michael Ray Santmyers (1971 -2026)

Health4 days ago

Oatmeal: Why Some Swear by It and Some Swear at It

Community Events4 days ago

This Week’s Showtimes at Royal Cinemas as of July 24th

Obituaries4 days ago

Marcelene Fay “Marci” Pinion (1958 – 2026)

Obituaries4 days ago

Buford “Bo” Lynn Kibler (1942 – 2026)