Posted on May 30, 2016
By Mechelle Hankerson, The Virginian-Pilot
A judge has ruled that Chic’s Beach is public, making it easier to complete a replenishment project there.
Virginia Beach Circuit Jude H. Thomas Padrick Jr. ruled Wednesday after a daylong hearing on Tuesday. In addition to confirming the city’s right to an easement on the beach in the northwestern part of the city, the ruling also reconfirms that the beach is public. Chic’s Beach runs from Joint Expeditionary Base Little Creek-Fort Story to Indian Hill Road.
Two property owners, Bruce Mills and Bill Page, filed suit against the city. Using old planning documents, they claimed Chic’s Beach was never meant to be public. Mills said he was fine with the city adding more sand to Chic’s Beach, as long as there was a clear process to use people’s private property.
“The city’s overreach is a violation of fundamental constitutional rights,” Mills said during the first day of the hearing.
“The police have been down there since at least the ’50s,” Padrick said. “You have the trash cans where the city has maintained it. The city has never abandoned it. They have continued to maintain the beach.” Padrick also pointed out that Mills and Page have been aware of the public’s use of the beach and have never objected to it before.
Mills said he hasn’t decided whether he will appeal the decision.
A similar case establishing the public state of Cape Henry beach went to the Virginia Supreme Court in 2009. It was decided in the city’s favor and a replenishment project began at that beach the same year.
The city has maintained Chic’s Beach at least since the early 1900s, Chris Boynton said during the first day of the hearing. It’s been on the city’s list for replenishment since at least the early 1990s, and the city has referred to the beach as public in old documents, Boynton said.
Without a ruling affirming the beach is public, the city can’t get money intended to help with storm protection and restoration projects, said Phill Roehrs, city coastal manager in the city’s public works department.
A replenishment project will not begin immediately at Chic’s Beach, Roehrs said before the hearing. The project has yet to be planned or funded, he said.
An appeals process would likely take just as long as planning and wouldn’t delay replenishment, Boynton said.
Source: The Virginian-Pilot
