In 2008, with the construction of a new Water and Wastewater Treatment Plant looming, the Town of Cape Charles embarked on a futile quest to obtain from Bay Creek, the current assigns to the Brown and Root Annexation Agreement, payment for their share of new plant, as per the agreement. While there were several months of back and forth between the developer and the Town, in the end, the whole matter was eventually dropped, and the full cost of building the new plant was assigned to the taxpayers.
The correspondence below from Assistant Town Manager Bob Panek to Town Council makes it clear that there was a firm belief that that based on the Agreement, Richard Foster and Bay Creek was responsible for the new plant.
This response was sent to Mr. Foster: