Vienna council debates removing deed restrictions on former Manville site, weighs indemnity vs. court petition

Vienna city attorneys and council members spent more than an hour discussing whether to remove three deed-based restrictive covenants that limit uses of the former John Manville property and to what extent the city should accept liability in exchange for lifting those restrictions.

The discussion centered on two options: persuade the current deed-holder to have its attorney recommend removing the covenants if the city will indemnify that party for future litigation costs, or petition the appropriate court to order the covenants removed after the city presents evidence that remediation is complete.

City Attorney Russ summarized the choices for council and said the deed restrictions “run with the land” and that Manville’s attorney indicated he would recommend removal if the city agreed to assume potential future damages and litigation costs. “If the city would essentially indemnify John Manville for many damages for any future litigation, including paying costs, they would recommend that to their client,” Russ said. He also outlined the alternative: a…