Resident tells council judge found BZA minutes missing from town website; attorney says court dismissed petition

Glimmer Sullivan urged the Town of Grottoes to improve how it posts meeting minutes and notices, saying a judge found that the Board of Zoning Appeals (BZA) July 15, 2025, minutes were missing from the town website. "When Judge Nagy went onto the town website and looked for the July 15 meeting minutes, he saw that what I had shared was true," Sullivan said during public comment.

Sullivan told the council she had filed a petition for a writ of mandamus in Rockingham County District Court seeking (1) timely publication of BZA meeting minutes and (2) additional public notices for specific BZA hearings. She said she had sought FOIA records and that website contact information for the town’s FOIA officer had been missing.

Town Attorney Michael Helm responded later in the meeting, summarizing the court proceedings and the town’s position. Helm said two appeals of a BZA variance were dismissed in Rockingham County Circuit Court, affirming the BZA’s decision, and that the district-court petition from Sullivan was also dismissed. "Ultimately, the court dismissed their petitions finding the town was not in violation of the FOIA requirements," Helm said, and he noted that minutes cannot be posted to the website until they are approved by the body.

Helm and other council members described how the BZA meets "as needed," which can delay when minutes are approved. Helm said staff will send reminders to the BZA to encourage timely approval of minutes, and he noted the town posts BZA meeting dates, times and locations on its website and publishes public notices in the local newspaper.

Sullivan acknowledged recent improvements in sidewalk clearing and other services but said the records issues persisted for years. She told the council she presented evidence in court that the July 15 minutes were not on the site and that the town later posted minutes that created a contradiction with earlier court statements.

The council did not take formal action on the record in response to Sullivan's comments beyond the attorney’s report that staff will remind the BZA to approve minutes promptly. The town attorney said the court record shows the town’s public notices met the legal requirement under the Freedom of Information Act and that no FOIA violation was found by the court.

The council moved on to other agenda items after the legal update; staff and the attorney indicated they will follow up to improve the timeliness and usability of the website’s meeting materials.