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Goochland residents sue to stop Benedictine move
Published: January 11, 2012
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Photo by Ken Odor
Patrick M. McSweeney, attorney for a group of residents who have filed suit to invalidate the conditional use permit granted Benedictine to move to Goochland, testifies at the Dec. 6 Board of Supervisors meeting when the CUP was approved.


By Kristen Green
Media General New Service

A group of Goochland County residents has filed a lawsuit challenging the Board of Supervisors’ approval of a conditional-use permit to allow the former Benedictine High School to relocate to the rural county.

The complaint, filed last week in Goochland County Circuit Court, names as defendants the Board of Supervisors and the Benedictine Society of Virginia, which owns and operates the school. The lawsuit is asking for the permit to be invalidated.

“My clients think the board violated the law,” said the residents’ attorney, Patrick M. McSweeney, a graduate of Benedictine who opposes the school’s move. “We’ll find out if a circuit judge agrees.”

McSweeney said the board didn’t use proper language to approve the conditional use permit Dec. 6. The board had a follow-up meeting Dec. 22, which he deemed “highly unusual,” so they could “attempt to create a new decision,” McSweeney said. “It’s a tacit concession they hadn’t done it right the first time,” he said.

County Attorney Normal Sales did not return a call seeking comment.

The lawsuit also alleges that the county did not provide adequate public notice of the meeting by advertising it for two weeks, as required by state code. He says the Planning Commission also failed to find that the widening of River Road — a contingency of the permit — is in compliance with the county’s comprehensive plan.

Now called Benedictine College Preparatory, the school has been on North Sheppard Street in Richmond for 100 years. The Goochland residents who filed the suit are worried the school’s move to the banks of the James River will generate traffic and noise.

“It needs to be stopped,” said David Pendergrast, a retired schoolteacher who lives on River Road. “It’s bad for the county, it’s bad for the neighborhood, it’s bad for roads, it’s bad for services out here.”

Benedictine attorney Darvin E. Satterwhite said he’s taking a look at the lawsuit. “We’ll be filing an appropriate response,” he said.

On Dec. 6, the supervisors voted 3-1 to grant the permit. Then-Supervisor James W. Eads abstained, saying he objected to the decision being made by a board where four of five members were “lame ducks.”

Headmaster Jesse Grapes wants to move the school by next fall to Mary Mother of the Church Abbey, where its playing fields have been located for a decade. The school has submitted its plan of development to the county, but needs approval before it can begin road work or major infrastructure repairs, such as installing a fire suppression system.

Kristen Green is a staff writer for the Richmond Times-Dispatch.



Reader Comments


rick jarrell of goochland  |  Jan. 17, 2012, 01:14 PM

Mr . Pendergrast I live about 20 miles out . I have seen growth in this county for the past 43 years . It has forced me out of my home . It has put subdivisions in woods that I never dreamed would be destroyed . I have had my property value run up because of this growth . And no i dont like my property value going up . It means higher taxes I have to pay on a place I plan to stay for the rest of my life . None of this disqualifies me from having an opinion on this matter . I know this county used to have a grandfather clause . This was once a school before . I see nothing but good things by having Benedictine as a neighbor . Your next fight might be with a developer who plans on putting a strip mall there so I would be careful what I asked for . And I agree sign your name to posts if you want to be taken seriously .  Peace .


Randy Reynolds of Goochalnd  |  Jan. 13, 2012, 06:16 AM

What a waste of tax payer money! It’s done. Get over it. The same people who live near the Abbey also use the track and tennis courts at the Abbey! It’s like a public park that we do not have to pay for! They hire their own rescue squad during games. Get your facts strait or volunteer some of your time to help the county instead of suing it and hiring outsiders to cost us all more money!


Dave Pendergrast of Ellisville  |  Jan. 11, 2012, 06:38 PM

Just a quick response…Mr. Jarrell I live across the bridge from the Abbey and I would like to introduce myself to you ...Mr. Richardson lives directly across the Abbey..As for James Harris, you are right, he is a fine individual who does not want to loose anything else.. I need to ask.. do you live near the Abbey?  Mr. Royer, neither the Abbey nor Bendictine High School pay any taxes, but the will rely on you paying yours for services the county provides. As for the last comment, if you are adult enough to provide you name, then please do not waste our time….Dave Pendergrast


Rick Jarrell of goochland  |  Jan. 10, 2012, 07:08 AM

lets see david pendergrast dont know him , Delano Richardson dont know him ,James Harris jr , if he is the same James i know a very nice man who probably is the one person who has lost the most in the past 20 years to development in this area . are these the only 3 plaintiffs ?
  I will give James the benifit of the doubt as he is trying to protect his interests . as to the others i dont know them and can hope thier objectives are honorable . As for me i like the idea of Benedictine in Goochland .


Wes Royer of Goochland, VA  |  Jan. 8, 2012, 04:14 PM

The school is a positive addition to our county and will bring tax revenue. Any traffic or noise will be minimal. People need to get over themselves and find something productive to do with their time and money instead of wasting taxpayer money and government time.


What? of Goochland  |  Jan. 4, 2012, 02:36 PM

This is stupid, and a waste of time!  How can that blow hard, Mcdermott even be included in the suit?  This is getting ridiculous, it is over, move on, stop wasting everyone’s time.  Why are we still discussing this.  This is amazing.  I think the judge should throw all of these misconseiving, lying plantiffs in the slammer!


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