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Bill Freehling is a business writer for The Free Lance-Star and Fredericksburg.com. This blog is on Fredericksburg-area business. Send an e-mail to Bill Freehling.

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Telegraph Hill developers file suit against city of Fredericksburg

The proposed entrance into Telegraph Hill is across from the Fredericksburg Battlefield’s entrance.

The developers of the proposed Telegraph Hill residential subdivision filed a lawsuit against the city of Fredericksburg on Thursday.

Fredericksburg City Council last week rejected final plans for the 79-home development off Lafayette Boulevard, whose proposed entrance is across from the southern Lee Drive entrance into the battlefield park. The vote was 4-3, with Mayor Mary Katherine Greenlaw and council members George Solley and Kerry Devine dissenting.

The lawsuit filed Thursday in Fredericksburg Circuit Court calls the council’s Sept. 18 decision “arbitrary and capricious” and inconsistent with the city’s own rules. It states that the council went against the recommendations of the city’s Planning Commission and planning staff in denying a plan that conforms with all aspects of city ordinances.

The suit, which was filed by attorneys with the Hirschler Fleischer law firm, asks a Circuit Court judge to reverse the decision and order that the final plat for Telegraph Hill be approved.

Council members who voted against the project have said they don’t believe it meets the design guidelines of the Lafayette Boulevard corridor. But the suit states that the entrance into the subdivision was carefully considered and determined to be the best location.

The proposed entrance into Telegraph Hill has caused much of the controversy during the long process toward getting the subdivision plans approved. The National Park Service, which owns and oversees the battlefield park, has come out against the entrance. Others have worried about the prospect of additional traffic along a stretch of Lafayette that has seen some bad accidents over the years.

The 29 acres that encompass the proposed Telegraph Hill subdivision are owned by a local group of real estate investors including David Horstick, Hunter Greenlaw Jr. and Andy Garrett.

Mayor Greenlaw and City Manager Beverly Cameron declined to comment on the lawsuit filed Thursday.

Click here to read the lawsuit.

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Permalink: http://news.fredericksburg.com/businessbrowser/2012/09/27/telegraph-hill-developers-file-suit-against-city-of-fredericksburg/

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