After West Neck fire, Virginia Beach suggests neighbors could have former golf course declared a public nuisance

BY DENNIS HARTIG

VIRGINIA BEACH — Before another brush fire can break out, Indian River Plantation and West Neck Village neighborhood associations may look into having the former golf course in the middle of their communities declared a public nuisance.

The suggestion was contained in correspondence from the Virginia Beach City Manager’s Office to neighborhood leaders who appealed to the city for help in the wake of a stubborn brush fire in March.

If acted upon, this would represent a new front in the communities’ efforts to have the course reopened rather than potentially developed – or at least have the land better maintained. Past steps include litigation that resulted in a settlement between the city and the owner over upkeep of the former Signature at West Neck course. 

Flames fed by high winds and dry, dense underbrush, hopscotched across 36 acres of dormant fairways, tee boxes, cart paths and rough, and it took 28 fire units two hours to extinguish on Tuesday, March 7, the fire department reported.

But for the muscular response, investigators concluded some Indian River Plantation homes adjacent to the course “would have had direct flame impingement,” according to a report provided by the department to The Independent News.

Damage to lawns, landscaping and fencing at 10 Indian River Plantation homes was calculated by the department at an average per property of $5,200, the report stated. The cause of the fire remains “undetermined,” according to Barbara Morrison, a department spokesperson. 

A week after the fire, the two associations asked Mayor Bobby Dyer and the Virginia Beach City Council for “immediate action” to force the owners, JBWK LLC, to remove the fire threats. A Thursday, April 6, email from the city manager’s office was a formal response to that request.

Correspondence by Jonathan Torres, community affairs liaison and assistant to the city manager, acknowledged neighborhood concerns about the former course “presenting an ongoing fire hazard” and that the brush fire was “scary.” Torres wrote that the city understood the concerns but made no commitments, except in “continuing to review its legal options.” Torres did not return calls seeking comment, and the Virginia Beach City Attorney’s Office declined a request to discuss those options.

In the meantime, Torres’ email suggested a way for homeowners to take matters into their own hands. This could be done, he wrote, by petitioning the Virginia Beach Circuit Court to convene a special grand jury. Its job would be to recommend whether conditions are bad enough to bring a court-ordered remedy. 

The lack of commitment by city officials to help was not well-received, according to Thomas Luckman, a member of the West Neck Community Association’s board and Robert P. Strait, who was president of the Indian River Plantation Homeowners Association at the time of the fire.

“We got the impression they were trying to brush us off,” Strait said.

The neighborhood has been down this road before. In 2021, at the urging of the residents, the city brought suit against the owners in hopes of forcing them to keep the grass mowed and the underbrush down. As the trial unfolded, it became apparent that the owners would prevail. So, the city agreed to a settlement that obliged the owners to only mow parts of the property.

City Councilmember Barbara Henley represents District 2, which includes the area at issue. As a result of limitations imposed by the 2021 settlement, Henley said city staff is looking for ways “that would give us the grounds to enforce” against the owners the tougher standards sought by neighbors. 

This is complicated by the necessity that “what we do in West Neck we would have done in the rest of the city,” she said during an interview.

Strait said that the brush has grown so much that not only is it a demonstrable fire hazard, but also a magnet for “critters” like snakes and rats now getting into backyards, pools, even houses.

Indian River Plantation lost some residents when the golf course closed, Strait said, and five homeowners have told him they are selling because of the risk of another fire. 

“We were lucky that the fire happened during the day,” he said. “Someone spotted it and called it in quickly. If that happened in the middle of the night, it would not have been spotted and the fire would have been much worse. That’s what makes people so uneasy now.” 

Strait and Luckman said the two associations like the strategy of asking the court to declare a public nuisance and have asked the advice of their attorneys.

The law states that the process would begin with a complaint to the Circuit Court.

If five or more citizens sign the complaint, the court “shall summon” a special grand jury to investigate whether the course is a public nuisance. A hearing would be held if the grand jury finds merit in the complaint.

If a judge rules in favor of the complainants, the law states that the responsible party “shall be ordered to either abate said nuisance or to reimburse the locality for all costs of removal and abatement of said nuisance.”

A fine of up to $25,000 could also be levied.  A deposition in the 2021 lawsuit estimated the cost at $117,000 for one cutting of the underbrush on the 176 acres.  

If the associations decide to seek help from the courts, Strait foresees no problem in getting signatures on a complaint.

“We have plenty of homeowners who would be willing to do that,” he said.

John McIntyre, attorney for JBWK LLC, declined to comment.

There are 234 homes in Indian River Plantation, 936 in West Neck. 

From the city’s Thursday, April 6, email to the homeowners associations:

The Virginia Beach Fire Marshal’s Office has recently completed its investigation into the brush fire at the former Signature Golf Course that damaged approximately 36 acres. We know this incident is of significant concern to your community, and we want to provide you with an update at this time.

 The investigators spent several days examining the scene, walking the site, utilizing the VBPD helicopter and the Fire Department drone, and reviewing all available 911 tapes and video recordings. They also conducted numerous interviews. The investigators were able to confirm that the reported locations of the fire matched the area of origin and the path of subsequent fire spread. While the investigators have not been able to determine a root cause for the fire, they have concluded that dry conditions and high winds were the main contributing factors to the spread of the fire.

 The City is continuing to review its legal options to address the neighborhood’s concerns regarding the former Signature Golf Course presenting an ongoing fire hazard. Again, we understand your concern and how scary this situation was. We are grateful to our first responders who worked quickly to ensure the immediate safety of our residents, which is our top priority. While we still look at other options to address this concern, we’d like to make note of the following items:

• Under Virginia Code § 48-1, five or more citizens who believe that a public nuisance exists may make a complaint to the Virginia Beach Circuit Court, which shall summon a special grand jury to specially investigate such complaint.

• Additionally, the City notes that there is nothing in the mowing and maintenance agreement between the City and W.C. Capital (the owner of the former golf course property), that would prevent the residents or the homeowners associations from negotiating with W.C. Capital to obtain its permission for individual home owners to mow or otherwise maintain a buffer zone adjacent to their individual properties.

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