Exmore resident argues county board overstepped bounds in approving development project
RICHMOND, Va. — Exmore resident Kenneth Gordon Dufty has filed a reply brief with the Virginia Court of Appeals challenging Northampton County’s approval of a controversial zoning amendment known as ZMA 2023-01.
Dufty, who represents himself in the case, argues that the Northampton County Board of Supervisors exceeded their legislative authority when they approved the zoning change on April 9, 2024. He contends this decision violates established land use laws and sets a dangerous precedent that could allow unrestricted development in the rural county.
Background of the Dispute
The case centers on Dufty’s assertion that the county’s zoning decision contradicts “well-established land use law” and that the Board of Supervisors “has no legislative authority to abolish land use law and zoning.” His legal challenge invokes the principle of “presumptive reasonableness” in zoning decisions, citing Virginia Supreme Court precedent requiring evidence of reasonableness to sustain zoning actions.
Dufty, who has been involved in environmental advocacy for nearly four decades, moved to Virginia’s Eastern Shore in 2006. His legal brief details extensive experience fighting industrial projects he deemed harmful to rural communities, including successful opposition to coal-fired power plants in New York and biodiesel facilities in Virginia.
Legal Arguments
In his reply brief filed August 6, 2025, Dufty disputes several points raised by the county’s legal team, including:
- Claims that he lacks legal standing to challenge the zoning decision
- Allegations that he failed to provide proper trial court transcripts
- Arguments about procedural errors in the case
The plaintiff argues his decades of environmental work and property ownership in the county give him clear standing to challenge zoning decisions that could affect sustainable development in Northampton County.
What’s at Stake
Dufty warns that if the county’s zoning decision is upheld, it could effectively eliminate zoning controls, allowing developers to “basically build anything they want on their land ‘as long as it fits.'” He characterizes this as a threat to the “unique and otherwise protected county” on Virginia’s Eastern Shore.
The case also involves Cedar Grove Eastern Shore, LLC as a co-defendant alongside the Northampton County Board of Supervisors.
Next Steps
The case is currently pending before the Virginia Court of Appeals under Record No. 0451-25-1. Dufty has requested the court remand the case to the trial court for a jury trial, arguing the matter was never properly litigated.
The outcome could have significant implications for local zoning authority and environmental protection in Virginia’s rural communities.
Dufty is representing himself in the appeal and can be reached at northamptonissues@aol.com.
About the Author
Even though I and most would agree with him. He doesn’t have a chance in he’ll of winning his case. The judicial system never sides with self representation.