High Court 2nd Guesses Chesapeake
March 28, 2020
CHESAPEAKE — The city’s decision to cripple a waterfront commercial project planned for Great Bridge has wound its way up to the Virginia Supreme Court.
At issue is whether the city had the right to take away — without paying for it — one of the two ways the owners were counting on for customers to drive into the complex of shops and restaurants.
Hooked Group, LLC – the folks behind the wildly successful seafood restaurant Off the Hook and other ventures – had planned a large scale complex of restaurants, retail and an event space. Originally the City officials with whom they spoke had supported their desire to create a signature development at the gateway to Great Bridge.
The project, designed for two acres at the foot of the Great Bridge Bridge, relied on entrances from Battlefield Boulevard and Callison Drive. The city closed Callison Drive without paying Hooked Group for taking their access and without offering the closed portion to them for purchase.
As a result, the scope of the project by the Hooked Group must be scaled back, substantially diminishing its value, Waldo & Lyle attorney Joshua Baker argues.
The Chesapeake Circuit Court sided with the city that no compensation was owed for the economic damage incurred from the loss of access from the closure of Callison Drive.
The Virginia Supreme Court agrees to hear a small percentage of requests for appeal. That it agreed to take up the Hooked Group’s appeal, Baker said, “shows that the court is concerned that the owner’s constitutional rights were neglected.”
The appeal will be heard on April 16.
