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Accomack supervisors deny Triangle Enterprises claim over tax-auction sale after burned house
Summary
After closed-session legal review, the Accomack County Board of Supervisors denied a claim by Triangle Enterprises seeking a $25,000 refund tied to a December tax-auction purchase of a property whose house burned after the sale; the board said setting aside the sale is a court function.
The Accomack County Board of Supervisors on July 16 denied a claim from Triangle Enterprises seeking the refund of $25,000 tied to its purchase of a tax-auctioned property at 30448 Greta Road.
Attorney Doug Kale spoke during public comment on behalf of Ashley Pettit and Triangle Enterprises, saying Pettit offered to buy the property at a December 17 tax auction '2in its present condition' and paid $25,000. Kale said the property contained a house at the time of the sale but the house burned on or about Jan. 4. Triangle Enterprises requested return of the $25,000 deposit, Kale said. Anita Johnson, speaking for Dale Revenmark and Maggie's Eastern Shore Properties, told the board purchasers at the auction were advised that the risk of loss (including fire) transfers to the purchaser at the date of sale and that a petition is pending in circuit court regarding surplus distribution.
County staff requested legal advice in closed session pursuant to the Code of Virginia, and after returning to open session a board member moved to deny the claim, saying the courts, not the board, must set aside a sale. The motion was seconded, and the board voted to deny the claim.
The transcript shows the board concluded it lacked authority to set aside the auction sale and therefore denied the request for refund. No monetary refund to Triangle Enterprises was authorized in the meeting record.
The transcript records that a person is incarcerated and accused in connection with the Jan. 4 fire; Johnson said there is an active petition in circuit court about surplus distribution of sale proceeds.
