Stanton Braverman, a retired lawyer who owns three properties in Charlottesville, filed a lawsuit Friday against the City of Charlottesville to protest the planned construction of a dam at the Ragged Mountain Reservoir near Fontaine Research Park. The complaint, filed in Charlottesville Circuit Court, alleged the City and Albemarle County illegally approved the project.
Braverman claims the City sold public lands to the Rivanna Water and Sewer Authority and to the Albemarle County Service Authority without the required vote of a supermajority of City Council members or a referendum from Charlottesville citizens.
The dam project "is an attempt to transfer control of the City's water works facilities and the City's water rights to the ACSA and/or the RWSA without adequate compensation," Braverman said in his complaint.
The Charlottesville Open Government Alliance, an advocacy group recently created to protest the dam, has thrown its support behind Braverman's suit. "City code says that in order to sell this land, the citizens of the City must agree to that with a referendum," Alliance Chairperson Joanna Salidis said. "The state constitution says that legislators can only sell public lands if they have a supermajority vote."
Salidis said the City Council's sale of the land surrounding the old Ragged Mountain dam would reroute hiking trails closer to Interstate 64 and would diminish the natural preserve which currently exists without compensating the citizens.
"It's a serious question of who's going to benefit," Braverman said. "The only one who's going to get any benefit are developers who are going to develop along [Route] 29."
Salidis' suit does not request financial compensation for Charlottesville citizens. "We believe that this dam scheme is exhibit A of capitalism having greater influence in Charlottesville," Salidis said. "[We are] asking to stop the project such that a new agreement will be negotiated."
Tom Frederick, the executive director of the Rivanna Water and Sewer Authority, said the agency's legal counsel, who was unable for comment yesterday, would determine its response to the lawsuit. "At this time our legal counsel has told us that we have the authority to move forward, and we are continuing to move forward," Frederick said.
Braverman said he worried Charlottesville's supply of water would eventually run out, leaving the City dependent on the County for water.
"This is going to seriously affect [the] real estate value of my three houses, so I thought why not sue them," Braverman said. "Let them explain where they get their authority and they haven't yet."
City Manager Maurice Jones declined to interview yesterday, saying in an email it was against City policy to comment on pending lawsuits.
Braverman said the Council tried to convolute the dam proposal so no one would want to sue them even though their actions are illegal. Despite this, he said he hopes to stop the dam construction with the suit filed last week.
"I think I can win the case," Braverman said. "It's like playing chess. They move, I move"
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