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BZA dismisses Warm Run Solar appeal, finds appellants lack standing
Summary
The Rockbridge County Board of Zoning Appeals unanimously dismissed the appeal by the Warm Run Citizens Association and Rockbridge Taxpayers Alliance, finding neither is a “person aggrieved” under state law after hearings on whether preconstruction testing on the Warm Run Solar site amounted to construction.
The Rockbridge County Board of Zoning Appeals on Feb. 18 dismissed an appeal challenging county staff’s handling of preconstruction testing at the Warm Run Solar, LLC site, finding the appellants lacked legal standing. The board acted after hearing legal argument, testimony from project representatives and neighbors, and reviewing written submissions.
Bill Russell, founder of the Rockbridge Taxpayers Alliance, argued drilling and load-testing performed Dec. 15, 2025, "constitutes construction phase foundational activity," and raised concerns that required preconstruction conditions — including a $30,000 surety to protect an adjacent well — were not satisfied before testing. County Attorney John Dryden countered that the filings were premature and that no formal zoning determination had been issued, noting affidavits and staff statements indicating the activity was testing rather than construction. Dryden said the County’s advisors had concluded the testing did not require land‑disturbing or building permits and cited case law on when activity becomes construction.
After a closed session consultation with counsel, the board returned and voted to dismiss the appeal. Vice‑Chair Grigg Mullen moved to dismiss for lack of standing and Mr. Samuel Vest seconded; the motion passed unanimously. The board certified its closed session and adjourned at 9:00 p.m.
