27 Sept 2007: Save Our Necks (SONs) today announced that it had filed a Motion for Summary Judgment in their lawsuit against the County over improper Planning Commission appointments. The Motion seeks to have the court recognize certain indisputable facts that are a matter of public record, exist in the public domain or have been disclosed by the County under various Freedom of Information Act requests.

Specifically, the Motion seeks to have the Court admit as fact that William Fallon was appointed to a two-year term. SONs is in possession of a letter from County Administrator Miner to Mr. Fallon making this appointment and the event is also contained in the public minutes of the Board of Supervisor meetings.

The Motion also seeks to have the Court admit as fact that the Board has never taken any action nor established any policy whereby Planning Commission appointments are for any period other than four years as stipulated by the Virginia Code. Evidence provided by SONs includes the 1997 Comp Plan stating that terms are four years, the Board’s own Bylaws, the County’s website which states that terms are four years and the Minutes of the Board of Supervisor Meetings going back to 1967.

Finally, the Motion seeks to have the Court admit as fact that the statute under the Virginia Code, in this case §15.2-2212, states that Planning Commission terms are for four years.

SON’s President, George Parker, stated “Admission by the Court that these are true and correct facts sufficiently demonstrates that the County has acted improperly in setting Planning Commissioner terms. It validates what we have said all along, namely that Mr. Fallon was appointed as a Planning Commissioner in December 2004 and that his term does not expire until December 2008, that he should immediately be restored to his position and that Mr. Frese’s appointment is invalid and therefore he should be immediately removed.”

Parker stated that “ The Planning Commission is involved with the final stages of the Comprehensive Land Use Plan and Mr. Frese’s continued participation in that process is not only improper but illegal. If the Planning Commission’s efforts are to be legally credible, they should be allowed to conduct their business without the cloud of an illegal appointee voting on important business.”

Save Our Necks (SONs) is an ad hoc citizen’s group based in Accomack County. SONs has advocated responsible and managed growth for the County based on available resources and the uniqueness of the Eastern Shore.

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