Parties to settle landfill lawsuit

New Kent County plans to settle a lawsuit filed by the developers of a proposed regional landfill by encouraging the developers to make other use of their property.

In 2005, a Richmond group sought to build a 191-acre landfill southeast of Interstate 64 and state Route 106 but temporarily withdrew its application a year later following heavy public opposition.

SPF Investments LLC sued after the county changed its zoning ordinance to prohibit landfills and other types of businesses and industries in New Kent and rejected the group's resubmitted application.

As part of the settlement, New Kent has extended public water service -- two years ahead of schedule -- to 1,600 acres owned by SPF Investments, which now plans to develop the land into an industrial park with retail and commercial development.

"Really we didn't have any issues with developing the property; it was developing it as a landfill," said New Kent County Attorney Jeffrey M. Summers. "That is an area targeted for commercial and office growth in the county and we wanted to see it grow that way."

In return, SPF Investments will agree to stop contesting the prohibited-uses section of the county's zoning ordinance, which remains in effect, Summers said.

In addition to landfills, prohibited uses include adult businesses in certain locations, industrial-scale smelting, the manufacture of poisons and nuclear materials and storage or disposal of nuclear, hazardous and medical waste.

The majority of SPF Investments is owned by Richmond physician Fred T. Shaia and his children. Calls made to a representative of the group were not returned.

Both groups plan to file papers in New Kent Circuit Court to formally end the case on or before a scheduled hearing Nov. 18.
Contact Melodie N. Martin at (804) 649-6290 or .