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
70°
Fog
6:29 am8:03 pm EDT
Feels like: 70°F
Wind: 0mph SSE
Humidity: 100%
Pressure: 29.88"Hg
UV index: 0
WedThuFri
88°F / 70°F
82°F / 64°F
81°F / 66°F
Agriculture14 hours ago

Antique Tractor Preservation Day Celebrates the Machines and Families That Built Modern Agriculture

Opinion14 hours ago

Shenandoah County School Naming Dispute Should Be Settled Through Mediation

Local News15 hours ago

Valley Health Unveils Mobile Mammography Unit to Expand Rural Screening Access

Scott's Turn15 hours ago

The Importance of Local Pride

State News16 hours ago

Federal Judge Denies Hemp Entrepreneurs’ Request to Overturn Virginia’s New THC Limit

Obituaries16 hours ago

Dylan Wayne Mauck (2002 – 2026)

State News18 hours ago

Hampton Leaders Cool to Limited Army Corps Flood Solutions

State News18 hours ago

As Virginia Officials Weigh Data Center Pushback, Report Details Industry’s Public Service Funding

State News19 hours ago

Black Lung Cases Surging Again in Southwest Virginia, Appalachia; Miners Blame Blocked Regulations

National News19 hours ago

DNC Approves 2028 Presidential Nominating Cycle Starting in South Carolina, Nevada

Interesting Things to Know23 hours ago

The Shouting Comes From a Minority

Interesting Things to Know23 hours ago

Give the Credit Away

Interesting Things to Know2 days ago

Why Reliability Often Matters More Than Brilliance at Work

Chamber News2 days ago

Good Lions Celebrates First Anniversary with Ribbon Cutting and Renewed Commitment to Community

Jefferson Forum2 days ago

Data Center Misinformation is Killing the Golden Goose

Health2 days ago

Ragweed Can Make Melon Itchy

Opinion3 days ago

Judicial Accountability Must Apply to Everyone

Crime/Court3 days ago

Warren County Grand Jury Returns 15 Indictments, Including Equipment Theft, Child Neglect and Drug Charges

Local News3 days ago

NAACP Warren-Page Branch Announces Fall Meetings and November Election

Legislative Update3 days ago

Cline Highlights Veterans Entrepreneurship Bill, Financial Privacy and Farm Trade

Local News3 days ago

TGI Fridays Wins Sheriff’s Office Foundation’s First ‘Battle of the Bites’

Community Events3 days ago

Stone Branch Arts Center to Host Fall Open House on Aug. 22

Opinion3 days ago

Fairness and Accountability Should Apply to All

Jefferson Forum3 days ago

Family Stability is Education Policy

Local News3 days ago

VDOT: Warren County Traffic Alert for August 17 – 21, 2026