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October 7, 2019

Arlington Judge Blocks Historic Preservation of Westover Apartments

Arlington Judge William Newman ruled against community efforts for historic preservation in Westover on September 29. We had asked him to require the county to complete our historic petition for Westover, but the judge says the county can take as many years or decades as it chooses to complete historic review even if all the buildings are lost. He dismissed our lawsuit without even a full hearing on the merits.

Judge Newman—a Democrat and former member of the county board himself— ruled that the county can delay forever in processing our historic petition forever. He did not even have the sense of justice to allow us to argue our case with evidence at a trial. He dismissed our case with prejudice (meaning we can never re-file).

He ruled that the county does not have to proceed at all on our historic petition which was filed about 3 ½ years ago. Since we filed our historic petition, four apartment buildings were demolished in addition to seven demolished before.

Digital Camera

It is ironic that Judge Newman is married to a billionaire and lives in a mansion on an estate in Middleburg Virginia worth many tens of millions of dollars, and ruled that it is okay for the county government to allow the demolition of 70-year old apartments that house renters who live on very small incomes. There is plenty of room in Arlington for millionaires and billionaires living in their big mansions, but no room for a disabled veteran, a school aide or a library technician getting by on under $50,000 a year.

It is a lousy and unfair justice and political system that values billionaires and developers over modest people living in Arlington. Justice deferred is justice denied. This is not justice.

We cannot appeal the judge’s egregious decision to the Virginia Supreme Court since this would cost us at least $15,000, and we can never recoup any of these legal fees even if we were to win our case. So our justice system works well for the rich and developers, but not for ordinary people in Arlington.

With our court case thrown out, we asked the county board itself to bypass the local historic review board and take up the matter itself and give us a final decision. But this is highly unlikely as the board is in league with developers who choose to demolish older and simpler homes and build new, bigger, more energy wasteful, and expensive homes for the rich. And we wonder why we have an affordable housing problem in Arlington.

We will continue as best we can to preserve Arlington along with modest apartments for middle and working income people in Arlington.

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