Smith Attorney Concedes Smith Will Follow VDOT Order Revoking Access Permits

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."

[The web address for this article is Gainesville Times Article on Smith Landfill)

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.

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