One of the benefits of living in Northampton is the intersection of agriculture and residential. Having AG around us helps to secure our local food base, helps stabilize the local tax base, preserves the scenic environment and general wildlife habitat, and most importantly, preserves our historical integrity.
But what happens when that relationship goes awry, and the partnership becomes adversarial?
This is apparently the case with the property of Chris Monroe. Mr. Monroe owns property that used to be the old Busy B store and is adjacent to Tankard Nursery. The issue is complicated and deals with the commercial right-of-way, deeds, and easements.
The two parties have been unable to come to a compromise, and in fact, Mr. Monroe eventually blocked the dirt road easement that is in question. The Tankard nursery operation had been using the road for several years, but Monroe contends that what was once used for light agricultural purposes has morphed into heavy ag uses, with large trucks and machines disturbing his general peace.
The case went to court this summer, and attorney Kevin Martingayle from Virginia Beach defended Mr. Monroe (Martingayle was also the attorney for Old School Cape Charles vs The Town of Cape Charles in the case of the old school in town). A temporary injunction was granted to the nursery requiring Mr. Monroe to open the road back up to heavy machine traffic.
This week, the case finally went to mediation, and as in most stories, the individual came up short against the corporation. As with the Old School case, the citizen does not have much standing when going up against City Hall, or a large farming operation. In essence, Mr. Monroe was advised to just stand down.
It seems like it could have gone differently. Could David’s Nursery have found a way for the heaviest machinery to use another entrance? Could Mr. Monroe have allowed egress on the dirt road in front of his home to increase during peak seasons? Was there no more room for compromise? In the end, Monroe is out a lot of money in legal fees, has little peace and quiet, and will more than likely be moving. What he thought would be his forever home will not be.
Below is a copy of the court record, which provides an interesting look into the nuances of the agriculture vs. residential matrix:
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