An update on the status of Dominion’s suit against the Nelson County Board of Supervisors over the refusal of the Nelson County Board of Zoning Appeals to grant a variance for the Atlantic Coast Pipeline to cross flood plains in the County. Documents below include Judge Moon’s Memorandum Opinion of June 21, 2019, in which he denied the County’s motion to dismiss Dominion’s lawsuit, a subsequent pleading by Dominion in which it reiterates its claim that the County’s floodplain management ordinance is invalid, the pleading in which the County defends its ordinance, and rebuttal brief by Dominion stating again why they think the suit should be dismissed.
- Judge Moon’s Memorandum Opinion of June 21, 2019
- ACP’s motion for partial judgement on the pleadings was filed on 23 July 2019
- Nelson County’s memo in opposition to motion for judgement on pleadings was filed on August 13, 2019
- ACP’s rebuttal brief in support of motion for partial judgement on the pleadings was filed on August 15, 2019
A hearing is expected shortly, but no date has been published. If Judge Moon rules against the County, the next step would be an appeal to the Fourth Circuit Court. That would, however, require the Board of Supervisors to spend the time, energy, and additional money to carry the suit forward.