After six hours of arguments and cross-examinations earlier today, Judge Jay Swett has not yet reached a decision in the latest Meadowcreek Parkway lawsuit.
The Coalition to Preserve McIntire Park, represented by John Cruickshank, Rich Collins, Stratton Salidis and Peter Kleeman, among others, contends that the city has illegally granted the Virginia Department of Transportation (VDOT) a parcel on the county portion of the Meadowcreek Parkway. In June 2008, City Council voted 3-2 and granted permanent and temporary construction easements.
The parcel in question was a softball field at Charlottesville High School that, according to its Athletic Director, was unused.
The coalition is asserting that according to Article 7, Section 9, City Council needed a supermajority vote (4-1) to transfer the land to the state transportation agency.
Cruickshank, who is also the president of the Piedmont chapter of the Sierra Club, told the judge that the purpose of the coalition is to save the park from "needless destruction."
City Attorney Craig Brown, part of the defense along with legal representation from VDOT, argued that the city did not violate the constitution and that there was no ground to grant the plaintiffs legal standing.
VDOT’s attorney argued that the injuries the plaintiffs claim they will be suffering from the construction of the Parkway are not "particulary different from those of the general public," she said. These damages include loss of public land, decrease in property values and significant increase of cut through traffic, pollution and noise, in addition to access to that parcel.
"I have been denied the use of the property," said Salidis, who stated that he is a regular user of the hiking trails.
She also added that the Department would be financially harmed by an imminent halt to the construction of the Parkway.
Construction on the county portion of the project began in February.