Goochland residents file lawsuit against Benedictine School move - NBC12 - WWBT - Richmond, VA News On Your Side

Goochland residents file lawsuit against Benedictine School move

GOOCHLAND, VA (WWBT) - A group of Goochland residents is making a last ditch attempt to prevent Benedictine from moving to town.

They've filed a lawsuit against the county and the religious order that owns the school, claiming the move just isn't legal.

The Board of Supervisors granted a conditional use permit last December, making the school's move from Richmond to Goochland possible.

Now, some residents hope to reverse that. Some residents strongly opposed to the school's move have filed suit, saying the decision wasn't legal.

"The things that we're filing the lawsuit about are technical items that they should have followed. It's the statutes, the Virginia statutes. These things they should have followed and they didn't," said David Pendergrast, one of the complainants.

They say the school has to widen this road to accommodate the move, but such an expansion is not in compliance with a comprehensive plan adopted by the Goochland Board of Supervisors in 2009.

They also say, enough notice wasn't given for public input before one December session.

"In doing this, we'll be able to bring this back to the planning commission and hopefully back to the board of supervisors for them to take a look at this to find out if there's going to be any additional expenses or concerns that the county needs to worry about," said Pendergrast.

We spoke with the county attorney who says he was served the suit late today, but won't comment at this time. The headmaster at Benedictine College Preparatory had this to say: "The Benedictine Society of Virginia has received notification of the lawsuit. Our lawyers are reviewing the details now. We will respond in court when the time is appropriate."

Interestingly, a new Board of Supervisors was sworn in today in Goochland. Most are new to the board and weren't a part of this controversial decision last month.

Benedictine still hopes to move in time for the new school year.

Copyright 2012 WWBT NBC12.  All rights reserved.

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