Ken Dufty Provides More Info on Virginia Court of Appeals Case Against Northampton County Board of Supervisors

Thank you for allowing me to add a few footnotes regarding the comments in the Cape Charles Mirror regarding the case before the Virginia Court of Appeals a.k.a Dufty v. Northampton County Board of Supervisors. That appeal addresses the dismissal of the Plaintiffs’s May 6, 2024 Complaint and Request for Injunctive Releif from the defendant’s April 9 zoning decision allowing the creation of a new Hamlet District where there never was one before. Note the creation of a new Hamlet District is not allowed by our previous and now prevailing Comprehensive Plans and the Plaintiff’s case centered on that precedent-setting maladministration of justice.

This Plaintiff also appreciates the opportunity to lift the shade and shed some light on what I think of the Northampton County Circuit Court, its Clerk, their deputies, and certainly Judge Lynwood Lewis.

Mr. Plante, who has been shoulder to shoulder with this writer in litigation pursuant to the State Environmental Quality Review Act in New York State will verify that in that Municipal Home Rule State our relationship with regulators and judicial decision-makers on all levels in the many Administrative and Judicial proceedings in which we have been mutually engaged in Upstate New York-all successfull- have been anything but congenial. There, where I worked for the Republican majority of the Rensselaer County Legislature protecting our rural quality of life from environmental assaults and incursions perpetrated on our 154,000 residents over a period close to a decade, these fights were a blood sport and certainly not for the faint-of-heart.

My experience with the Northampton County Circuit Court in both this case and my last suit against the BOS in 2015, which was successful by default, has been nothing short of incredible and world’s-if not a Universe-different than those in New York.

Northampton County Circuit Court Clerk Traci Johnson and her staff have bent over backwards to ensure that this Plaintiff,-a pro se litigant just trying to navigate the Commonwealth of Virginia’s foreign maze of rules, regulations, and procedures- has had the opportunity to exercise his First Amendment right to petition his sitting government for a redress of grievances at every turn and I cannot stress enough how thankful and grateful I am for their patience and graciousness, treating this Plaintiff with respect and understanding that he is not an experienced attorney and most times proving to them he is not.

As for Judge Lynwood Lewis I am a huge fan of this man and have been for many years. Prior to appearing before him on July 26 last year in this case, I attended his session on other cases and found him to be compassionate, engaged, and a fair and reasonable arbitor. I thoroughly enjoy his demeanor, his patience, and consider it an honor to be before him. And although we agree to disagree on this matter regarding the necessity to prove standing when challenging a decision that had no legislative authority, that’s the nature of judicial disputes. It’s part of our human experience.

Win lose or draw, I want your readers to know how fortunate they are to be living in the Commonwealth of Virginia, a Dillon Rule governance form of land use control, and especially where the courts are accessible, professional, and a pleasure to work with. It certainly was not like that in New York. Just ask Mr. Plante!
Thank you, Ken Dufty