In the following article in the Gainesville Times, the Smith Farm attorney is quoted as saying that "All
importing and exporting of dirt, shale and rock by trucks will cease
before 6 p.m. on August 31, 2011 in compliance with VDOT's suspension of
the temporary construction entrances," McBride wrote in an e-mail. "It
is our understanding that the suspension will continue until the Court
determines whether this activity is incidental to an agricultural
operation or is a separate landfill operation."
Politicos rally with community against Smith farm
By Dan Roem
There is just something weird about watching a handful of politicians rally against one of their own constituents.
Yet
in the case of the Smith Family Farm in Gainesville, the dump trucks
entering the property by driving along Catharpin Road has become enough
of what local residents consider a safety hazard to warrant a
celebration of their end.
State Sen. Chuck Colgan (D-29th), Del.
Bob Marshall (R-13th), Gainesville District Supervisor John Stirrup (R)
and Board of County Supervisors candidate Peter Candland (R) joined
roughly 30 other supporters at the home of C. McClain "Mac" Haddow on
August 20.
The purpose was to thank the politicians for their
involvement in the situation and to celebrate the Virginia Department of
Transportation ordering the end of the temporary construction permits
at the Smith farm that allowed trucks to enter and exit the farm.
Owner Bradley Smith had until August 31 to meet that demand.
A
separate trial is due to take place in late November to determine
whether there is an illegal landfill operation on the farm, as claimed
by county opponents.
Smith and his attorney John McBride contend otherwise and provided evidence for their claims during a July tour of the farm.
Owner Bradley Smith had until August 31 to meet that demand.
A
separate trial is due to take place in late November to determine
whether there is an illegal landfill operation on the farm, as claimed
by county opponents.
Smith and his attorney John McBride contend otherwise and provided evidence for their claims during a July tour of the farm.
"All
importing and exporting of dirt, shale and rock by trucks will cease
before 6 p.m. on August 31, 2011 in compliance with VDOT's suspension of
the temporary construction entrances," McBride wrote in an e-mail. "It
is our understanding that the suspension will continue until the Court
determines whether this activity is incidental to an agricultural
operation or is a separate landfill operation."
As for the current
status of the farm, McBride mentioned that the first pond is finished
and fish will be able for harvest this fall. The other two ponds have
been "rough graded," he added, but would not be complete by September 1.
"One
pasture has been completed, fenced and is in use. The other two
pastures have been cleared and leveled but have not been completely fine
graded with topsoil and manure," wrote McBride. "These two pastures
have not yet been completely seeded. The horse paddock and barn area has
been graded and leveled."
At the rally, Haddow said that there is "illegal activity that's going on right now" regarding the farm.
That is the stated position of the county, given the November court case.
Before Haddow's comment, Marshall quipped, "I don't know if you plant dirt that you don't grow anything at all."
Stirrup
alleged that Smith committed "some falsefication" when obtaining a
permit from VDOT in the first place while Candland said the community
came together to "improve our lives" by opposing the trucks.
The
topic Stirrup raised is likely to be determined in court as it relates
to the operations of the farm. Smith contends his farm is for
agricultural use and mounds of tree trunks and other items have
practical purposes; Stirrup said it hosts an illegal landfill.
Colgan
recalled being involved in dealing with two past "stump dumps," as he
called them and said the Smith case is "a good example of what you can
get done" by meeting together.
Before the end of the speeches, Haddow thanked the audience again but also reminded them that "we've got a long way to go."
Haddow's
Internet blog "Stop the Dump Trucks!" served as an online for those
opposed to the trucks entering and exiting the Smith farm on rural,
winding Catharpin Road to, usually anonymously, vent their frustration
in the comments sections of Haddow's diaries.
In separate
interviews, none of the politicians in attendance said they had been to
the Smith farm during the last two years, which is when the controversy
began.
Instead, their legal battle has been a proxy fight pitting
Smith against various county and state agencies. Both sides point to
past victories. Haddow insists a zoning ruling finding Smith's land
usage out of order proves his point; Smith says he won the only actual
legal fight in court so far.
Both claims are true but essentially
just serve as build up to the November court case which is set to
determine the legality of Smith's operations.
The next two months
are likely to be quiet on the Smith case as Colgan, Marshall and
Candland all gear up for the fall election. Stirrup lost in the
Republican primary for the 13th state Senate district seat.
In the
mean time, county officials and Smith are expected to prepare their
legal arguments for the court date that will be held right before
Thanksgiving, about two weeks after Election Day on November 8.
Times Community © 2007 | Gainesville Times
