The King George County Board of Supervisors discussed three legal matters during closed session Tuesday night.
In addition to a petition filed against the county by Amazon Data Services, the Hopyard Farm Homeowners Association is seeking a declaratory judgment against the board of supervisors regarding the reversal of the conveyance of the Hopyard Nature Trail to the county.
The supervisors also discussed the potential of a First Amendment lawsuit by the King George Chapter of the International Association of Firefighters, also called IAAF Local 4438.
The Hopyard Farm HOA, collectively with Payne Street, LLC, filed its complaint in King George Circuit Court on May 1.
IAAF Local 4438 has yet to file a lawsuit, but its members spoke out against the supervisors during Tuesday’s meeting, expressing concern that government officials were attempting to mute their voices by threatening discipline because of a Facebook post criticizing the county for potential budget cuts.
Hopyard’s complaint states that an Oct. 20, 2003, proffer statement requires the HOA to convey in fee simple the Hopyard Nature Trail to the county.
“However, in complete reversal, on April 1, 2025, the board voted to refuse to accept the conveyance of the Hopyard Nature Trail by the plaintiffs to the county,” the complaint states.
A declaratory judgment, which the HOA filed, is not a full-blown lawsuit. It is a court decision that defines the legal rights and obligations of parties without ordering any specific action or damages.
The HOA is arguing that the board voting to refuse the conveyance during an April 1 meeting should not matter because of prior agreements. The proffer accepted by the board in 2003 requires Hopyard Associates, LLC, or its successors, to construct a trail parallel to State Route 607, running the length of the property, to include 10 parking spaces. The trail is to be for public use at all times, according to the proffer.
The HOA completed construction of the trail last August for approximately $500,000. On March 15, 2024, the HOA submitted a trail easement plat, a trail subdivision deed and trail deed of conveyance to the county to the King George director for community development for comment and approval. The HOA also submitted the documents to Interim County Attorney Richard Stuart.
“Plaintiffs repeatedly requested updates on the county’s review of the conveyance documents, but the county did not accept the Hopyard Farm Trail as required by the proffer,” the complaint states.
The Hopyard Farm Trail appeared on the supervisors’ March 18 agenda as an item to be discussed by Stuart. It was listed as an action item on the April 1 agenda. No public hearing was scheduled on the matter. When the board voted to decline the conveyance, members stated they did not want the county to have liability associated with maintaining the trail.
Attorneys for the HOA argue that per Virginia law and the Supreme Court of Virginia, once a county accepts a proffer, it becomes part of the zoning ordinance and carries the same weight. The complaint states that the county “effectively re-amended” the zoning ordinance without going through the procedural requirements to do so.
“The board does not have unfettered discretion when it decides what to include in the zoning ordinance,” the complaint states. “In adopting the zoning ordinance, the board must abide by the parameters set forth in Virginia code … In addition, Virginia code does not provide the board with the authority to refuse to comply with a proffer previously accepted by a prior board.”
The HOA is requesting that the court declare the board’s vote declining the conveyance of the trail as null and void. It is also seeking a determination that the board’s decision was arbitrary and capricious.
The final request to the court is that it declares the HOA possesses statutory vested rights in the conveyance of the trail to the county in fee simple absolute, as shown in the proffer, “such that the board of supervisors’ vote has no force and effect on the county’s obligation to accept the conveyance of the trail.”
While the IAAF Local 4438 case has yet to be filed, its members and supporters are gearing up for a fight with the board.
They’re upset that the county administrator’s recommended budget reduces their funds by $210,000. A total of $136,000 of the reduction is because of money the fire department receives from the Aid to Localities Fund, a statewide program that offers a variety of supplemental grants.
“ATL funds were never intended to replace local dollars,” IAAF Local 4438 President Triston Beverly told the Free Press, stressing that the funds assist with protective gear, training and other needs … “We’re turning zero-experience people off the street into certified firefighters and EMTs. Those funds are more critical than ever before.”
Beverly said the county’s budget could impact overtime and potentially leave some stations unstaffed and others with one firefighter available.
After he expressed his concerns on Facebook, supervisors threatened discipline against him and IAAF Local 4438 because he spoke out. Beverly said he’s yet to be disciplined.
“There needs to be some sort of disciplinary action taken on this,” James Madison District Supervisor Ken Stroud said during an April 11 budget work session. “Whenever they post this on Facebook, they’re attacking us.”
IAAF Local 4438 is being represented by John Ackerman of Mooney Green, a law firm based in Washington, D.C. that’s been defending the rights of workers for the past 29 years. Beverly said the board’s comments about his Facebook post left him concerned about his position as a firefighter in the county, although he was speaking as the IAAF Local 4438 president.
“After they made those public comments, it was really hard to sit there and advocate for a robust budget that makes sure we’re meeting safety standards,” he said. “It’s hard to go out and speak on that, when your job — the very thing that feeds your family — is being threatened.”
