Konick appeals August ruling to Virginia Supreme Court
The Commonwealth Transportation Board approved a resolution Tuesday in Virginia Beach, recommended by Virginia Department of Transportation officials, which discontinues VDOT’s maintenance of the stub end of Middle Street in the town of Washington.
The decision by VDOT’s governing body to end its 21-year-old maintenance agreement effectively clears the way for improvements to continue on the 171-foot stub end of Middle west of Main Street, a stretch the town council first deeded to the Inn at Little Washington in 2013 as part of a joint “Town Center Beautification” project by the town, the Inn and Trinity Episcopal Church — and which became the subject of a lawsuit by Rappahannock lawyer David Konick in 2015.
After that suit ended this year, the town again deeded the dead-end street, surrounded on all three sides by Inn-owned property, to the county’s largest private business and biggest tourist draw. The Inn plans to create landscaped parking areas and pedestrian walkways leading to a reconfigured Middle Street entrance to a renovated post office in the Krebser Building (which it owns on the southwest corner). The town also requested that VDOT end its 1994 agreement to maintain the first 50 feet of Middle Street west of Main.
Last week, meanwhile, Konick filed an appeal with the state Supreme Court of Circuit Court Judge Jeffrey W. Parker’s August decision to reject his petition — and his claim that the town and the Inn (and its chef-proprietor Patrick O’Connell, who’s also a town council member — violated conflict of interest and procurement laws in their 2013 actions. Parker’s decision was based on Konick’s lack of standing (as a non-resident of town).