Reston National Owners Won’t Pursue Appeal with VA Supreme Court

Karen Goff March 4, 2016 at 2:35pm

The owners of Reston National Golf Course have decided not to pursue the appeal to the Virginia Supreme Court in regards to the December lower court ruling on the 166-acre course’s land use designation.

This week marked the 90-day deadline for owner RN Golf Management to decide whether to continue with the appeal of the 2015 ruling that said RN Golf would have to file a formal plan with Fairfax County in order to pursue redevelopment of the course.

“While RN Golf may choose to pursue available redevelopment options in the future, and thus thus letter is not intended to waive any and all rights it may have to do so, I am writing to let you know RN Golf has decided not to continue with its appeal in these cases,” Scott Helsel, an attorney representing RN Golf, wrote in a letter Friday to the clerk of the Virginia Supreme Court. “Accordingly, RN Golf will not be filing a petition for appeal.”

RN Golf said in December it would appeal the ruling that it needs a zoning change in order to redevelop the public golf course as anything but open or recreational space.

The letter caps more than a year of legal filings on the continuing quest to get a definitive answer on the golf course’s zoning or future zoning, as well as continuing efforts in the fight for Reston’s open space.

The story goes back to 2012, when the owners asked the county whether the course could be considered zoned residential. The Fairfax County Department of Planning and Zoning Staff said no, the land is open and recreational space and a change would require rezoning.

In January 2015, the county Board of Zoning Appeals held a lengthy hearing, in which it heard from the owners’ attorneys as well as Reston Association attorneys a representatives and members of advocacy group Rescue Reston.

In April, the BZA returned its ruling that said the owners could redevelop without getting a comprehensive amendment, which could ease the path to redevelopment of the land.

Rescue Reston, RA and Fairfax County all filed appeals of that ruling in Fairfax County Circuit Court, and in November. Circuit Court Judge Michael Devine then granted the motion for summary judgment and vacated the Board of Zoning Appeals decision from earlier in 2015.

Photo: Reston National Golf Course/file photo