Advocacy group Rescue Reston says the decision by the owners of Reston National Golf Course not to pursue an appeal in the land use rights case concerning the course is a “very positive moment” in the battle to keep the course as open and recreational space.

However, advocates for open space must also remain vigilant, the group said.

Attorneys for RN Golf Management announced on Friday it would not appeal December’s Fairfax County Circuit Court decision that granted the motion for summary judgment filed by Fairfax County. Read More

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. Read More

As the battle for open space in Reston heads towards the Virginia Supreme Court, a group of homeowners whose properties overlook Reston National Golf Course may be preparing for a lawsuit of their own.

The attorneys for the owners of RN Golf, the owner of Reston National Golf Course, have filed a notice that they plan to appeal the Fairfax County Circuit Court decision from last year that granted the motion for summary judgment and vacated the Board of Zoning Appeals decision that said the golf course owners could redevelop without getting a comprehensive plan amendment, which could ease the path to redevelopment of the public course.

RN Golf, a subsidiary of Northwestern Mutual Insurance, has until this week to to appeal the latest court order, says Rescue Reston, the citizens advocacy group that is fighting to maintain the golf course as permanent, open space in Reston.

Meanwhile, residents of Golf Course Square appeared at last week’s RA Board of Directors’ meeting to ask the board for its assistance in taking filmed depositions of some of the cluster’s original homeowners.

“Since 2012, our cluster has been discussing legal action we can take separate and apart from the zoning case [heading for] the Virginia Supreme Court,” said Golf Course Square resident Wilfred Hearn. “Our case is broader. The open space [is protected by] covenants and deeds. We have discussed our legal rights with an attorney.”

Hearn said the clusters has located four witnesses who either worked for Reston developer Gulf Reston (in the 1960s and 70s) or bought a house from Gulf Reston.

“The witnesses said the original developer intended the golf course would be permanent and sold houses around the golf course on that basis,” Hearn told the RA Board. “Prospective buyers were told the golf course would always be permanent and bought houses on basis that the golf course would be permanent. These witnesses have direct knowledge of the events between 1964 and ’68 in our cluster, including the building the buying and selling of our homes that surround the golf course.”

Hearn says the cluster leadership wants to petition the circuit court to for an order to take the depositions of the witnesses “to perpetuate their testimony for later use in court.” Read More

The owners of Reston National Golf Course have filed a notice of appeal to the Virginia Supreme Court in regards to the recent lower court ruling on the 166-acre course’s land use designation.

RN Golf, owners of the public course claims in its filing that By Right development means it can develop what it wants with no zoning changes or public hearings.

The filing sets the clock ticking for a hearing at the Supreme Court sometime in the next several months.

RN Golf’s filing at the state level caps a year of many court appearances 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, 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.

That decision means golf course owners RN Golf Management would have to file a formal plan with Fairfax County in order to pursue redevelopment of the course.

Devine said RN Golf had based its case on a letter from the county zoning administrator, which the court in effect found was merely an advisory opinion and was not appealable.

So the saga continues. Meanwhile, play through.

“RN Golf, backed by the deep pockets of Northwestern Mutual, knows the legal option is their only near term chance of success, so they are going for it,” said Rescue Reston President Connie Hartke.

John McBride, RA’s land use attorney, said the association, the county and the individual landowners will file a brief in opposition within 21 days.

After hearing oral arguments by RN Golf, the supreme court will need to decide whether to accept the case for review. This will likely happen in May or June, said  McBride. If the case is accepted for review, then it would be scheduled for briefing and argument later in the fall of 2016.

Proponents of open space in Reston got a small victory on Friday when Fairfax County Circuit Court Judge Michael Devine denied the request of RN Golf Management, the owner of Reston National Golf Course, to delay the final issuance last month’s opinion on the future of the the 166-acre-course.

In November, the court vacated the Board of Zoning Appeals’ decision from earlier in 2015, when it ruled that the golf course owners would not need a comprehensive plan amendment to redevelop the course as a residential neighborhood.

RN Golf has been saying the last several years it has no specific plans it just wants to know its rights.

Last week, RH Golf had asked the court to delay issuance of its order — which cements the ruling — for at least three months so as to permit RN Golf more time to consider alternative strategies.

That means the clock begins ticking now if RN Golf wants to take the case to the Virginia Supreme Court. RN Golf has 30 days from Dec. 4 to appeal to the Virginia Supreme Court.

The issue dates back to 2012, when RN Golf asked Fairfax County if the course at Sunrise Valley and Colts Neck Road could be considered residential. Fairfax County Planning and Zoning said no, it’s open and recreational space. After several postponements, RN Golf filed an appeal to the Board of Zoning Appeals (BZA), which heard from all sides in a lengthy hearing in January of 2015.

Rescue Reston, the advocacy group created in the wake of the golf course saga, said they expect a further fight in the case.

“We fully expect RN Golf Management to continue its attempts to invade our open space,” said Rescue Reston President Connie Hartke. “Rescue Reston will remain vigilant and take all steps necessary to prevent that from happening.”

This is an op-ed by Connie Hartke, President of Rescue Reston. It does not reflect the opinion of Reston Now.

One year ago, we received notice that those who would turn our planned community into “Potterville” were back and ready to set a hearing date with the Fairfax County Board of Zoning Appeals. We imagine they thought this community would be too busy with holidays to take much notice.

We proved them wrong! In 12 months we accomplished the following:

• raised funds for legal representation
• held a press conference
• held a rally with over 300 supporters
• held a smaller rally in front of the Reston Northwestern Mutual office, where supporters, including Supervisor Cathy Hudgins and Del. Ken Plum, spelled out “NO.”
• had over 500 supporters attend the Jan. 21 BZA hearing
• held our First Annual Golf Tournament and Nature Hike — at Reston National Golf Course
• elevated this land use battle to national attention
• received a victory in Fairfax County Circuit Court. On Friday, Nov. 6, when the judge told the owner-investors of RNGC that they must follow established County zoning procedures in any effort to convert this tract of land to other uses.

We did it! This community pulled together, including teamwork between our local county government, Reston Association and this grassroots organization, Rescue Reston.

This victory is not the end by any means. We will find out in the next few weeks whether the owner-investors will appeal that decision to the Virginia Supreme Court, but even without an appeal we expect them to continue their battle against us through other avenues.

Rescue Reston has received thanks from so many. Would you buy us the electronic version of a cup of coffee? With so many of you contributing, even the smallest donation will add up and we need your contribution no matter where you live–someday your community may need the legal precedent that is being set in Reston and Fairfax County.

You can find ways to contribute on our web site, www.rescuereston.org, or write a check today to Rescue Reston, 2198 Golf Course Dr, Reston, VA 20191. We even have a shopping link for Amazon – see the fundraisers tab.

Show your appreciation the one way that really makes a difference: a donation to ensure we can maintain legal strength and backing to preserve designated open space at Reston National Golf Course, a Certified Audubon Cooperative Sanctuary Program Golf Course.

Happy Thanksgiving!

Photo: Rescue Reston supporters spelling out “NO” in front of Reston National Golf Course owner Northwestern Mutual offices/file photo

Friday’s decision by a Fairfax County Circuit Court judge to vacate last spring’s Board of Zoning Appeals decision means a setback for potential developers — and a small victory for open space proponents.

That does not mean the 166-acre public golf course will automatically remain open space forever. However, the decision does make it more difficult for developers to come in with a new plan.

Plus, Friday’s development may wind up in higher court eventually.

Judge Michael Devine on Friday granted the motion for summary judgment filed by lawyers for Rescue Reston, Reston Association and other parties concerned about Reston’s open space. He also vacated the Board of Zoning Appeals decision from earlier in 2015.

This means that golf course owners RN Golf Management would have to file a formal plan with Fairfax County in order to pursue redevelopment of the course.

The motion was filed last spring after the Fairfax County Board of Zoning Appeals ruled, after a complicated and lengthy BZA hearing and the ruling that RN Golf would not need a comprehensive plan amendment to plan residential development on acreage.

Devine said RN Golf had based its case on a letter from the county zoning administrator, which the court in effect found was merely an advisory opinion and was not appealable.

The issue dates back to 2012, when RN Golf asked Fairfax County if the course at Sunrise Valley and Colts Neck Road could be considered residential. Fairfax County Planning and Zoning said no, it’s open and recreational space. After several postponements, RN Golf filed an appeal to the Board of Zoning Appeals (BZA).

John McBride, RA’s land counsel, said the ruling is significant because any redevelopment of the course must now be preceded by the filing of specific plans with the county, which will then be compared with the “Development  Plans” approved in 1971. The 1971 plans were the main focus of the five-hour BZA hearing in January.

“These plans are in the county zoning files and clearly limit use of the land to a golf course, open space and driving range,” RA says. “Any change to these approved plans will require amendment approval by the Fairfax County Board of Supervisors. The golf course owner had sought to avoid this requirement for a plan amendment by seeking by-right use status for a number of residential and other uses.”

So that means that RN Golf, which has never shown plans for what it would like to develop at the course, will now have more hoops to jump through should it want to build a residential neighborhood.

“The association is pleased with the circuit court’s ruling,” said RA CEO Cate Fulkerson. “Now, if pursued by the owner of the golf course, any proposed redevelopment of the golf course property or any portion thereof will have to go through the proper county and community review process.”

Rescue Reston President Connie Hartke says her group, formed in response to the original filing in 2012, will continue to be vigilant against development.

“While we have won this round, the fight is not over and RN Golf still has other options available to it including appealing today’s ruling or attempting to amend the Fairfax County Comprehensive Plan,” Hartke said on Friday. “We must remain prepared to continue the fight so long as RN Golf remains committed to its attempts to destroy our community’s valuable open space.

Advocacy group Rescue Reston, Reston Association and other parties concerned about the future of Reston National Golf Course will head to Fairfax County Circuit Court for a hearing this Friday at 2 p.m.

It’s the next step in a years-long battle over whether the 166-acre public course is open and recreational space or can be developed as residential by owners RN Golf Management.

Here’s the backstory:

In 2012, the owners of Reston National Golf Course asked Fairfax County if the course at Sunrise Valley and Colts Neck Road could be considered residential. Fairfax County Planning and Zoning said no, it’s open and recreational space. After several postponements, RN Golf filed an appeal to the Board of Zoning Appeals (BZA).

In January, the Board of Zoning Appeals heard arguments from both sides. The BZA ruled in April that the owners could redevelop without getting a comprehensive amendment, which could ease the path to redevelopment of the land.

There have never been any specific plans filed for the golf course’s future — and just because they don’t have to get a comprehensive plan amendment does not mean that whatever is in store would get approval from the Fairfax County Planning Commission, the county board of supervisors or Reston Association.

The golf course site is also a wildlife habitat, as well as a serene backdrop for hundreds of homeowners whose properties overlook or back to the rolling greens and wooded trails.

But parts of the course are less than a half-mile from Metro’s Wiehle-Reston East station, which makes it a prime space for redevelopment in a rapidly changing Reston.

Says Rescue Reston:  “The outcome of this hearing will affect all properties abutting or near the golf course. Home and business owners stand to lose scenic views, privacy and substantial value and will face years of construction trucks, dirt and noise in their backyards, and worsening congestion on local roads. Our community may lose 166 acres of wildlife habitat and scenic beauty. All of Reston faces the loss of control over its future.”

Rescue Reston says if the judge rules in their favor Friday, RN Golf, a subsidiary of Northwestern Mutual Insurance, “will have a much harder time achieving its goal of transforming this treasured open space into anything other than recreational open space.”

Land use attorneys not affiliated with the case say this type of hearing is standard procedure on the way to scheduling more court dates and that this issue could go all the way to the Virginia Supreme Court eventually.

Read the most recent filings on the part of the petitioners on Rescue Reston’s website.