Pittsylvania County wants lawsuit over industrial park dropped

By John Crane

Published: November 19, 2008

The Pittsylvania County Board of Supervisors is asking a circuit court judge to dismiss a woman’s lawsuit to halt the board’s plans for a 3,500-acre industrial megapark off Berry Hill Road.

Nancy Barbour Smith, who lives in the Sandy River area but has an address in Axton, is petitioning Pittsylvania County Circuit Court to order the board of supervisors to hold a public hearing before they decide to allocate $4.19 million toward a bond to help pay for property.

Smith is also asking the court to prohibit the board of supervisors from entering into an agreement that would obligate taxpayers to pay for the bond. Her petition says that even though the board advertised for and held a public hearing Oct. 6 over amending the budget for the bond, it violated Virginia Code because the ad offered no synopsis of the budget amendment.

Smith contends the Oct. 6 published board agenda did not include the public hearing on the budget amendment and that the board deliberately concealed the hearing from residents. The board approved the amendment by a 5-2 vote.

Smith requests in her petition that the judge order the county not to spend the $4.19 million or bind it in a contract until public notice is given and a public hearing is held. She also asks for an order providing for a referendum allowing residents to vote on the bond.

County Attorney John Light said in the motion to dismiss that the county “never issued bonds for $4.19 million” or approved a bond resolution on Oct. 6. The county didn’t issue bond anticipation notes or intend to, Light said. Instead, the Danville-Pittsylvania Regional Industrial Facility Authority (RFIA) intends to issue the bonds and acquire the property.

  The city of Danville and the county “agreed to jointly advance funds to acquire the property, with the understanding that bond anticipation notes would be issued by RIFA, and the funds generated would be used to reimburse the county and the city,” Light said in the motion filed Monday. The actions equate extending short-term credit to RIFA, with Pittsylvania County incurring no debt, Light said in the motion.

The park would be a joint $13 million project with the city of Danville, and the county and the city would share costs and future revenue. County officials have said they would like to attract an auto manufacturer to the site. RIFA has already purchased part of the property.

Light said in the motion that County Administrator Dan Sleeper explained the process to Smith during citizens’ input at the board’s Nov. 3 regular meeting.

Smith said Wednesday that Sleeper’s explanation “did not answer all of my concerns.” She declined to comment further because she had not read the county’s motion. 

As for Smith’s request for a voter referendum, one is not needed for RIFA to issue bonds, Light said. Also, the public hearing notice contained a synopsis of the budget amendment and more than met state statute, he said. 

Smith ran against Tunstall Supervisor Tim Barber in the 2007 county race for his seat and lost.

Contact John R. Crane at or 434-791-7987.