Bus Site Neighbors Sue County Board, WMATA

A homeowners association near the potential Washington Metropolitan Area Transit Authority (WMATA) bus garage on Cinder Bed Road has filed suit against the Fairfax County Board of Supervisors. Also named in the complaint are WMATA and the developer of the site, Iskalo CBR of Williamsville, New York. The garage is intended to replace the one currently located at 600 N. Royal Street in Alexandria.

The complaint, which was filed on April 6 in Fairfax County Circuit Court by the Newberry Station HOA, takes WMATA, the Board and Iskalo to task for many of the same reasons that were brought before the Board of Supervisors in a .

The notable addition is a charge of violation of state conflict of interest laws by Hunter Mill District Supervisor Catherine Hudgins, Lee District Supervisor Jeff McKay and Braddock District Supervisor John Cook. Hudgins and McKay are on WMATA’s Board of Directors, which are unpaid positions, with Hudgins being the Chairman. Cook received campaign donations in excess of $100 from McGuire Woods, the law firm that represented Iskalo in their motion to move the garage to Cinder Bed Road.

On March 8, Hudgins, Lee and Cook as part of the majority in a 6-3 decision. They referenced the above relationships prior to their vote.

County Chairman Sharon Bulova also received a campaign donation in excess of $100 from McGuire Woods. She abstained from voting on the matter, citing that donation as the reason.

Voting against WMATA’s proposal were Mount Vernon Supervisor Gerry Hyland, Springfield District Supervisor Pat Herrity and Sully District Supervisor Michael Frey.

Newberry Station’s counsel Zachary Williams noted that had Hudgins, Lee and Cook abstained, the vote would have gone 3-3, which would not have allowed WMATA’s proposal to be approved.

Another key element to Newberry Station’s complaint involves notice on WMATA and Iskalo’s part. While the proposed site is in Lee District, the residents most affected, and within a mile of the location, are in Mount Vernon District.

Representatives from WMATA and Iskalo had met with residents in Lee District, making their plans known. However, during the February 22 public hearing it was announced that WMATA and Iskalo had not met with representatives from Newberry Station. WMATA and Iskalo did meet with Newberry Station’s Board of Directors on March 2, but, according to the complaint, the resident’s concerns were not taken into account when votes were cast on March 8.

Almost from the time WMATA’s interest in the site became public in the summer of 2009, residents in the area have opposed the presence of a bus garage in their neighborhood. Under the terms of the proposal the bus garage will occupy over 17 acres of land in a two-story building of 80,000 square feet. Buses would run 24 hours a day, 7 days a week. During peak operation times, as many as 40 buses per hour would be on Cinder Bed Road.

Aside from concerns about increased traffic volume to an area already stressed from industrial vehicles, residents also expressed concern about air and noise pollution.

Due to these and other factors, WMATA and Iskalo were required to seek a special exception from the county. This was ultimately granted, but it is the complaint’s opinion that the county staff reports of the area were erroneous and did not sufficiently address state ordinances, thereby making the Board’s decision invalid.

“My clients want the court to look at this decision,” Williams said. “They believe it is not in accordance with local and state law with the hope that the court will overturn the Board’s decision.”

Fairfax County Director of Public Affairs Merni Fitzgerald said the county does not comment on pending litigation. When the matter is discussed it will be done in closed session.

A spokesperson at WMATA was not aware of the suit, but said WMATA does not typically comment on litigation while it is ongoing.

Williams noted that his clients are not seeking damages; they are hoping to prevent development of the bus garage from moving forward. He said, ”They are unhappy, but they are reasonable people.”