Surry County Circuit Judge Samuel Campbell rules the Town of Dendron’s rezoning for the proposed Cypress Creek Coal Plant violated state law and is null and void. The Old Dominion Electric Cooperative (ODEC) must start zoning process over again.  Local attorney Michael H. Drewry wins "David and Goliath" ruling in court as the Judge sides with local concerned landowners.

On November 17, 2011, Surry County Circuit Court Judge Samuel Campbell issued a ruling that Michael Drewry and citizen plaintiffs have legal standing to challenge the Town of Dendron’s process used to grant rezoning for the proposed ODEC plant last year.  The judge agreed with the plaintiffs’ position that the town's public notice was not in compliance with the Virginia Code, that Dendron acted beyond the authority given by the Virginia General Assembly, and thus all matters voted upon and approved by the Town at its February 1, 2010, meeting, including the rezoning for the proposed plant, are void.

Last month, ODEC again requested the court to dismiss the case brought by Drewry and plaintiffs against ODEC and the Town of Dendron. ODEC alleged that the landowners did not have a legal claim. ODEC officials have consistently asserted that they were “fully confident” that all applicable laws were followed in the Town of Dendron’s approval of their requests. In his ruling, Judge Campbell rejected these arguments.

“This is a significant victory for citizens and due process, given the considerable hardship incurred challenging a well-funded corporation that has consistently defended a clear violation of public notice requirements,” said Drewry.

Thanks To Amy Broad for alerting James River Journal of the release.