A judge has ruled in favor of HopeTree Family Services and the Salem City Council in a citizen lawsuit filed following approval of the nonprofit’s resubmitted rezoning application in December.
The council voted 3-2 in June 2024 to approve HopeTree’s request to rezone its property from residential single family to planned unit development, allowing the organization to build residences and a handful of businesses on the property. The development would be the largest of its kind in the city’s history.
HopeTree’s site plan for its planned unit development is shown. The red buildings are existing buildings and the yellow spaces are areas where homes would go.
Following the initial approval, five people filed lawsuits against HopeTree, formerly known as Virginia Baptist Children’s Home, and the city council. The lawsuits pointed out issues with how and when the city notified the public about hearings and meetings regarding HopeTree’s request.
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To address the alleged procedural errors, HopeTree resubmitted its application and went through the process again. Following more public hearings, the council again voted 3-2 in favor of the rezoning in December.
Carlos B. Hart Jr., one of the plaintiffs in the July 2024 lawsuit, filed another lawsuit in January, this one regarding the city’s decision to approve HopeTree’s second application. In it, Hart argues that HopeTree “effectively withdrew†its originally approved application by submitting a second one. Thus, Hart argued, the council violated city code by prematurely considering the application since it was “substantially the same application for the same property within one year of the Council action,†according to case documents. This count, along with the other five presented in the lawsuit, was dismissed by the court.
A judge ruled in favor of HopeTree Family Services and the Salem City Council in a lawsuit filed by a citizen over HopeTree’s rezoning request.
Claims that the second application did not meet the requirements for a planned unit development master plan laid out in the city code and that council “relied on ‘inaccurate facts’†to make its decision were among those dismissed by the court.
On Thursday, Judge David Carson ruled in favor of HopeTree and the city council, stating in his opinion that Hart’s “remedy in this case, if any, is at the ballot box, not in circuit court.â€
Under the planned unit development, HopeTree could build up to 340 residences and some small businesses on the property, located in north Salem.
Salem Mayor Renee Turk released the following statement after the ruling:
“Like so many of our citizens and employees, I am relieved that this lengthy process has finally reached a conclusion. We all appreciate Judge Carson patiently and thoroughly reviewing the case before issuing his ruling. While I am pleased with his decision, I am more excited that the City of Salem can now move forward.â€
John Fishwick, who represented Hart Jr., also released a statement Thursday evening.
“We respect the Court’s decision and will evaluate Mr. Hart’s legal options with him,†the statement read.
