Board of Supervisors Meeting Date:
Staff Lead: Department:
Paul S. McCulla, County Attorney County Attorney
A Resolution Authorizing the Settlement of that Certain Court Litigation styled Donald R. Tharpe, Trustee v. The Board of Supervisors of Fauquier County, Virginia, Law No. 02-382
The proposed resolution authorizes the execution of (1) the Settlement Agreement; and (2) Court Order settling that certain litigation styled Donald R. Tharpe, Trustee v. The Board of Supervisors of Fauquier County, Virginia, Law No. 02-382. The terms of the settlement are: (a) entry of a Consent Order vacating the Board of Supervisor's decision removing the 85 acre parcel from the Bealeton Service District and setting its Comprehensive Plan designate as R-A; (b) entry of a resolution by the Board of Supervisors placing the 85 acre parcel back into the Bealeton Service District with 60 acres at a low density residential (R-1 to R-3) Comprehensive Plan designation and 25 acres at Commercial Office (C-O) Comprehensive Plan designation; (c) dismissal of the suit with prejudice; (d) execution of the Settlement Agreement releasing both parties from any and all liability arising out of the Board's actions previously taken on the Comprehensive Plan or rezoning of the subject parcel.
Requested Action of the Board of Supervisors:
Consider adoption of the attached resolution.
Financial Impacts Analysis:
Identify any other Departments, Organizations or
Individuals that would be affected by this request:
Donald R. Tharpe, Trustee