February 6, 2025: Judge Worrell will not step away from lawsuit against Charlottesville zoning
Plus: Charlottesville Area Transit to end service to Fashion Square Mall
The United States of America is a country whose origin began with a political question: Who has the power to determine what should happen? A king or a self-determining system powered by people? The question is always out there, but in order for that system to work there must be a way for people to find out what’s happening.
According to one source, there were 1,748 daily news publications across the nation in 1970. That number had dropped to 1,279 by 2018. Charlottesville Community Engagement is not a newspaper, but it strives for frequency in order to provide evidence to readers they are in what has been a democracy. I’m Sean Tubbs, and by one way of counting, this is the 808th edition since July 13, 2020.
In today’s installment:
Charlottesville Circuit Court Judge Claude Worrell will not recuse himself from the lawsuit against the city’s relatively new zoning code
Charlottesville Area Transit will end service to Fashion Square Mall at the end of the month
Albemarle County has hired a new director of Facilities and Environmental Services with a tie to Virginia Tech
A change may be coming to an intersection along Hillsdale Drive
First shout out: Charlottesville E-bike Lending Library
The rolling topography of the Charlottesville area keeps some people away from choosing cycling as an option to get around. Perhaps an e-bike is in order?
That’s where Charlottesville’s eBike Lending Library comes in! E-bikes are a great way to get around the community but there are many brands and styles to choose from. Because many e-bikes are sold online, it can be a challenge to try an e-bike before buying one.
The Charlottesville E-bike Lending Library is a free, not-for-profit service working to expand access to e-bikes in the area. They have a small collection of e-bikes that they lend out to community members for up to a week, for free. You can experience your daily commute, go grocery shopping, or even bike your kids to school, and decide whether e-bikes are right for you. Check out this service at https://www.ebikelibrarycville.org!
Judge Worrell will not step away from lawsuit against Charlottesville’s new zoning
Parties involved in a lawsuit against Charlottesville’s relatively new zoning code spent less than half an hour Thursday making arguments about whether the judge assigned to the case should recuse himself.
Circuit Court Judge Claude Worrell has been presiding over the White v. Charlottesville case since it was filed last January. In August 2022, Worrell also ruled in a previous case filed seeking the voidance of the city’s Comprehensive Plan and three out three of four counts. Charlottesville City Council dealt with the remaining count by re-adopting the state-mandated guiding document.
The attorney for both sets of plaintiffs is Mike Derdeyn of the firm Flora Pettit. In the first case, his clients were anonymous but the plaintiffs in the second case identified themselves in the pleadings.
Derdeyn filed a motion in January asking Worrell to voluntarily recuse himself for several reasons. First, he noted that judges in other Virginia localities with similar land use cases have recused themselves, such as four members of the Arlington County Circuit Court.
Second, Derdeyn argued that Judge Worrell issued inconsistent opinions in the two Charlottesville cases.
“His Honor dismissed the plaintiff’s claim in Doe on the ground that they filed their suit too early and would have to wait for a zoning ordinance to be passed to challenge the Comprehensive Plan,” Derdeyn wrote. “Plaintiffs in this case followed His Honor’s instruction, only to have their claim dismissed on the ground that they filed too late.”
A third claim in the motion called into question Worrell’s written opinion issued in November in the White v. Charlottesville case that seemed to indicate a ruling could be made, despite an invitation to the plaintiffs to file more evidence.
But the fourth claim argued Worrell should recuse himself based on his wife’s participation in advocacy on housing issues as well as being a member of the city’s Human Rights Commission.
At today’s hearing, Derdeyn suggested Judge Worrell step back and try to imagine what all of that would look like to a person just learning about the case.
“Their reaction is that this doesn’t sound fair,” Derdeyn said. “My clients feel like the rug was pulled out from under them.”
The city was represented by Ryan Starks of the firm Gentry Locke.
“We challenge the motion because the city desires prompt adjudication,” Starks said. “Why spend additional city resources to get a new judge up to speed?”
Starks said the plaintiffs were attempting to roll the dice in order to get a judge who might be more favorable to their arguments. He also argued the rulings are not inconsistent and said the plaintiffs had not submitted any actual evidence that Worrell should step away. He also alleged the motion to recuse was filed after Worrell issued a written opinion on January 14 that City Council had the approval to grant a special use permit for additional density at 2005 JPA. (link to story)
“Plaintiffs do not like that ruling, but that’s too bad,” Starks said. “We need to move forward with this case.”
After a rebuttal from Derdeyn, Judge Worrell addressed the issue directly and said this is the second time a recusal motion has been filed invoking a member of his family. He called the motion offensive.
“Just because I am a judge doesn’t mean my wife loses the ability to participate civically,” Worrell said.
Judge Worrell also said he has not been asked to recuse himself before for having inconsistent opinions. He also said that the plaintiffs in the Doe case could have taken further action in that case such as an appeal but chose not to do so. He also said being a homeowner in Charlottesville should not disqualify him.
“I don’t know why the judges in Arlington County recused themselves other than they didn’t want to deal with it,” Judge Worrell said. He also pointed out that the case in Arlington went to trial, something that has not yet happened in the Charlottesville case.
As for his written opinion in White v. Charlottesville, Judge Worrell said his draft opinion was at one point 26 pages long and he cut it down to avoid repetition.
“Perhaps I cut out too much and didn’t leave enough explanation,” Worrell said. “I am not going to recuse. I don’t have a bias. I do own a house but ultimately I care about what the law says.”
A hearing is currently scheduled for March 26 on an amended complaint Derdeyn filed in late 2024 as well as the city’s amended demurrer and plea in bar.
Some of the other stories:
Circuit Court Judge reduces Charlottesville Comprehensive Plan lawsuit to one count, throws out three others, August 29, 2022
Charlottesville Circuit Court Judge Worrell to take time to decide on court trial for zoning lawsuit, July 7, 2024
Judge strikes down Arlington’s Expanded Housing Option ordinance, October 1, 2024
Written opinion issued in legal ruling that halted Arlington’s missing middle zoning, October 31, 2024
Judge Worrell is ready to rule in lawsuit against Charlottesville’s new Development Code, but allows time for more evidence to be filed, November 16, 2024
Arlington to appeal judicial ruling invalidating middle missing zoning, November 22, 2025
Charlottesville responds to new anti-zoning complaint; Plaintiffs call for Judge Worrell to recuse himself, January 30, 2025
Charlottesville Area Transit to end bus service to Fashion Square Mall
For decades, Fashion Square Mall has been an important destination for people who ride Charlottesville Area Transit. That ends in less than a month.
“Due to the closing of Fashion Square Mall, Charlottesville Area Transit (CAT) will remove the Fashion Square Mall bus stop from service starting Friday, February 28, 2025,” reads an announcement sent out this morning.
This will affect Route 5, Route 7, and Route 11 but the exact way each may be rerouted is not yet known.
“We were aware that CAT was looking to adjust their routes, as they should as the transit provider,” Abbey Stumpf, Albemarle’s Director of Communications and Public Engagement. “It’s important to remember that MicroCAT serves that area along with fixed routes.”
A request for comment from Fashion Square Mall was not returned by publication time.
The ownership of what has traditionally been called Fashion Square Mall is fragmented. In all there are 55.5 acres split between three entities:
Home Depot owns the interior section as well as the land where they are constructing a new store. This has an address of 1600 Rio Road East according to the website.
Seminole Trail Management owns the former J.C. Penney which is rented out to Albemarle County for public safety fleet maintenance and operations. This has an address of 1639 Rio Road East.
Belk Stores of Virginia LLC owns a department store on the western side of the complex. This has an address of 1581 Rio Road East.
In August, the Albemarle County Board of Supervisors entered into a public-private partnership with Home Depot in which the latter guarantees to have the store open by December 24, 2025. That is being built at the site of a now-demolished Sears.
The Facebook page for the overall mall states opening hours begin at 11 a.m. The cover photo was last updated on January 30 with an image that says “Let’s Shop!”
On January 31, Albemarle County issued a permit (MECHC-2025-00003) for work to “install RTU’s, fans, ductwork, & grilles” with work valued at $270,550. An RTU is a roof-top unit and there will be seventeen of them with eight exhaust fans, seventeen returns, and 50 duct supplies. This is for the “Old Sears at the mall 1600 Rio Rd E.”
Albemarle County appoints new director of Facilities and Environmental Services
Albemarle County government has grown rapidly over the last few decades to meet the needs of a growing community. The latest figures from the Weldon Cooper Center at the University of Virginia estimate 117,790 people live in the jurisdiction that surrounds Charlottesville.
With that growth comes more inventory of buildings and lands used for local government. This is the responsibility of the county’s Facilities and Environmental Services Department.
“This includes managing the planning, design, and construction of all major Capital Improvement Projects,” reads a description on the department’s website.
For instance, the FES department is in charge of the construction work to build the Biscuit Run park.
“FES also manages the County’s operations to prevent pollution, ensure compliance with state and federal environmental laws and regulations, and assist residents to minimize waste in the county,” the website continues.
On February 5, 2025, the Albemarle Board of Supervisors appointed Jeffrey Dumars to lead the department.
“The appointment has come as a result of the early departure of the last director, Lance Stewart,” Dumars said. “I am uniquely blessed to take over the department Lance fostered. He focused the department on dedication to service, hard work, and excellence. I have big shoes to fill.”
Dumars was hired as deputy director of the department in January 2024 and has been interim director since September. He earned both a Bachelor’s Degree in Landscape Architecture and a Master’s Degree of City and Regional Planning from Cal Poly San Luis Obispo.
Dumars was introduced to the public by County Executive Jeffrey Richardson.
“He has been with this organization for just under a year,” Richardson said. “He was hired originally as a deputy director of FES and our staff has had an opportunity to work with him for over a year. Two separate stints as interim director.”
Before coming to Albemarle County, Dumars worked as the Director of Campus Planning for Virginia Tech for three years. That appealed to Supervisor Diantha McKeel.
“When I heard you had experience at Virginia Tech I was very excited because they do a lot of good things down at Virginia Tech including their transit system,” McKeel said.
Blacksburg Transit provides service for Virginia Tech, Christiansburg, and other parts of Montgomery County. There is one system as opposed to the Charlottesville area where there are at least three systems.
The department also publishes a quarterly report with the most recent one for the fall of 2024.
Supervisors also appointed Dumars to serve on the Rivanna Solid Waste Authority’s Board of Directors. That was part of a motion that included the following appointments to Boards and Commissions. The links here go to the official descriptions on one of the county’s websites if you want to learn more.
Amanda Brookman and Naomi Aitken were appointed to the 5th and Avon Community Advisory Committee.
Anthony Jargowsky was named to the Pantops Community Advisory Committee.
William Howard and David Mitchell were appointed to terms on the six-member Equalization Board, which “shall hear all complaints and objections to real estate assessments from the taxpayer or his agent.”
Dennis Hughes has been appointed to the Albemarle Historic Preservation Committee. That group “implements the County’s Historic Preservation Plan” according to the county’s website.
Robert Jennings was named to the Natural Heritage Committee, a group that “maintains the County’s Biodiversity Assessment; advises the Board of Supervisors, the Planning Commission, and County staff on applying biodiversity information to land-use decision-making; and supports biodiversity education in the County.”
Second-shout out: Camp Albemarle
Today’s second subscriber-supported public service announcement goes out to Camp Albemarle, which has for over sixty years been a “wholesome rural, rustic and restful site for youth activities, church groups, civic events and occasional private programs.”
Located on 14 acres on the banks of the Moorman’s River near Free Union, Camp Albemarle continues as a legacy of being a Civilian Conservation Corps project that sought to promote the importance of rural activities. Are you looking to escape and reconnect with nature? Consider holding an event where the natural beauty of the grounds will provide a venue to suit your needs. Visit their website to view the gallery and learn more!
Changes planned for intersection of Hillsdale Drive and Greenbrier Drive
Over seven years have passed since Hillsdale Drive was extended from Greenbrier Drive to Hydraulic Road in Albemarle County. The project was planned and implemented in order to provide motorists with a second way of traveling north-south in Albemarle’s urban ring.
Before the project went to construction, many expressed concern the project would not include a traffic signal at the intersection of Hillsdale Drive and Greenbrier Drive. Albemarle County Police wanted there to be one, but engineers with the Virginia Department of Transportation explained the roadway would not meet requirements for one. The road opened in late 2017 with stop signs controlling access from Greenbrier onto Hillsdale.
On February 5, 2025, Supervisor Ned Gallaway of the Rio District announced that VDOT will install a “modular” roundabout using funding from their safety improvement budget.
“That is moving forward,” Gallaway said. “It’s past the design stage and they’re reviewing the designs and it’s likely not going to happen before the end of this fiscal year based on the way that they are funding it.”
Gallaway said this will be a new type of roundabout that is modular in nature.
“The way they put these in is a lot more cost-effective than building full-on roundabouts but it will help with both the speed and issues at that intersection,” Gallaway said.
A request for comment from the Virginia Department of Transportation has not been returned at publication.
Reading material for #808:
Hundreds protest Trump deportations in Charlottesville, Emily Hemphill, Charlottesville Daily Progress (paywall), February 5, 2025
Albemarle wants local feedback on economic development plan, Kate Nuechterlein, WVIR 29News, February 5, 2025
BAR denies sorority’s tear-down request, Sean Tubbs, C-Ville Weekly, February 5, 2025
ACFR responds to fire on Overlook Drive, CBS19 News, February 5, 2025
A friendship helped create an art project celebrating Fluvanna’s Black history, Akash Sinha, Charlottesville Tomorrow, February 6, 2025
#808 State
It’s not every day I drop everything to run to a courtroom for a hearing. I made it just in time. That meant two other stories I was halfway through will wait until tomorrow.
I was the only member of the press in the courtroom. I tried to line up someone else to go, but I don’t have a staff and so far have not figured out a policy on how I can hire reporters. I want to do that, because I want to teach what I know to others.
What I believe is that the public needs people covering civic issues. I took a big risk in the summer of 2020 when I walked away from a salary and benefits to get back to work I believed in. This is an act of faith, and I’m grateful my call to service is being sustained by those who want to know what’s happening.
I’m also not a salesperson. I do not want to exaggerate the work I do or say I’m the best or anything like that. I’m just the most stubborn. But, to conclude this edition so I can get back to those other two stories, I’m going to leave you with this block of ways you could help.
Sign up for a paid subscription through Substack. There is not much premium content because my primary aim is to get information out to as many people as possible.
Contribute through Patreon. A major goal this year is to replace this with a way to make a tax-deductible donation, but that’s not set up yet. If I had more time, I’d make more audio programs through Patreon.
Send in a check made out to Town Crier Productions at PO Box 1754, Charlottesville, Virginia, 22902. This will be used as a replacement for Substack.
Ask me about advertising opportunities! Later this month, advertising will begin to appear on Information Charlottesville and I’m hoping it can have the same style as the shout-outs. Introductory pricing will be low!
Tell friends about the work!
Volunteer to design some logos because I’m very bad at graphics!
