Scodes files complaint

Published 10:41 pm Tuesday, December 16, 2008

IVOR — Anthony Scodes, who owns but is currently barred from using a 55-acre dirt track for motorcycles and all-terrain vehicles near Ivor, has filed a complaint against Southampton County and its Board of Supervisors in circuit court.

The complaint asks the court to give Scodes and his family permission to operate motorcycles and all-terrain vehicles on his property for “personal use” and guests to be able to use those machines “for the purposes of hunting and harvesting game.” It also asks the court to reverse the board’s decision in October to deny a conditional use permit for the track and for a financial award to cover court costs.

According to the county clerk’s office, the complaint was filed on Nov. 26, but it has not progressed to the point where the county has been served.

“I’m going to go all the way with this,” Scodes said Tuesday, adding that he wants a jury to decide the track’s future.

Scodes has retained James H. Shoemaker Jr., an attorney with the Newport News-based law firm of Patten, Wornom, Hatten & Diamonstein.

Supervisors were supposed to discuss, according to the agenda for Monday’s meeting, Scodes’ complaint with legal counsel during their closed session.

The county board is also the target of a lawsuit filed by the track’s opponents. Sixteen residents who live near the track sued the board on Aug. 27 after the track portion of Scodes’ property was rezoned as industrial in July. The lawsuit remains in effect, but the plaintiffs have so far decided not to force the issue to court and to give the board time to switch the zoning back to agricultural.

Jay Randolph, assistant county administrator for Southampton, said Tuesday that there is “nothing pending” regarding the possible rezoning of the track back to agricultural. Randolph said the county board had not initiated a request to the planning commission for rezoning. A public hearing would also need to be held on the matter.

At their Oct. 27 meeting, the supervisors voted 4-2 to deny a conditional use permit for the track.