Very few Virginia lawyers ever appear before three judge state courts. One of the very few circumstances in which that can occur is as a consequence of an annexation.

In order for a locality to acquire additional territory when doing so involves more than simply the movement of a boundary line, there is a long and detailed process. While it is possible to file what is known as a citizen-initiated annexation, ever since the General Assembly placed a moratorium on city annexations, most such adjustments occur between counties and their incorporated towns and most of these are the result of voluntary settlement agreements between the jurisdictions. These may deal broadly with land use, financial, and other “arrangements” that are set out in the relevant statutes.

Since the 1980s, the process has been organized and analyzed by a unique body called the Commission on Local Government, composed of 5 members appointed by the Governor and confirmed by the General Assembly. Before a locality or a citizen may petition a court for an annexation, or if there is a voluntary settlement agreement between two jurisdictions, the proposed annexation must be submitted to the Commission, whose staff will analyze the application as to its benefits to the Commonwealth and to the jurisdictions involved. This process, including a hearing in the localities involved, can take the better part of a year. If the Commission recommends that the agreement be implemented, it will so advise the parties in a final report, and they may then file a petition with the Chief Judge of the Circuit involved who then petitions the Chief Justice to appoint a three-judge Special Court drawn from a list of 15 circuit judges, none of whom can be from a jurisdiction involved in the annexation proceeding.

After its selection, the Special Court will conduct a court proceeding on whether to affirm the voluntary settlement agreement. Its jurisdiction is statutorily limited to affirming the agreement unless it for some reason finds it would not be in the interest of the localities (not done as a practical matter if the Commission has recommended otherwise), but it is essential to have its final order for the boundary line to shift, and for the voluntary settlement agreement to become effective.

The real work in annexation cases is that required to get to the Special Court in the first place. It is often a struggle to obtain agreement between the localities, particularly when there is a third party trying to bring land into a jurisdiction for development purposes, and all of the parties must deal with jurisdictional as well as development issues. Moreover, the filings required for the Commission are detailed and lengthy.

Shareholder John Foote has practiced in this field for many years, and may have appeared in cases involving complex land readjustments and their associated agreements more than any other practicing Virginia lawyer. In fact, just in April of this year he appeared before not one, but two Special Courts. In the first of these he obtained approval of a small, but crucial, annexation of roughly 3 ½ acres added to the Town of Washington, Virginia, for Black Kettle, LLC, under a Voluntary Settlement Agreement with Rappahannock County. Three weeks later, he obtained approval of the annexation of almost 245 acres into Warrenton, from Fauquier County, on behalf of Van Metre Communities. Both companies were superb to work with.

He credits the able assistance of Shareholders Mike Kalish, and Nick Cumings, Associate Starr Nyan, and Senior planner Marian Harders.

On February 22, 2025, the Arlington County Board approved a series of actions to facilitate the redevelopment of the Melwood site at 750 23rd Street South. These actions include a General Land Use Plan amendment, rezoning, special exception site plan, and designation of the site as a Revitalization Area to support financing for the project. 
 
The redevelopment will replace the existing two-story institutional building and surface parking lot with a new five-story, mixed-use building consisting of 105 committed affordable units (CAFs) and approximately 17,000 square feet of ground-floor institutional space for Melwood, allowing them to continue providing educational, support, and workforce training services for people with disabilities. The residential component of the project will serve households earning between 30% and 80% of the Area Median Income, with a portion of the units prioritized for individuals with disabilities.  

Cathy Puskar and Lauren Riley with Walsh, Colucci, Lubeley & Walsh, P.C. (Walsh Colucci) guided Wesley Housing Development Corporation (Wesley Housing) and Melwood throughout the entitlement process. Cathy and Lauren coordinated a comprehensive zoning entitlement strategy for the project, collaborated with the client and consulting team, negotiated with County staff, conducted extensive community outreach, and presented the applications to various County Commissions and the County Board. Through the public review process, Cathy and Lauren worked closely with the design team to address a range of planning and design considerations for the project, leading to design revisions while continuing to meet Wesley Housing and Melwood’s development goals. 

The project aligns with the guiding principles of the County Board-accepted Melwood Special GLUP Study, which envisioned a redevelopment that balances affordability, site design and transitions to the surrounding neighborhood, and sustainability. The building will feature setbacks, stepbacks, and a green buffer to provide a respectful transition to the adjacent Nelly Custis Park and surrounding properties. Additionally, the design incorporates a historic interpretation of the original Nelly Custis School façade, accessibility upgrades to the bus stop, and streetscape enhancements along 23rd Street South and South Grant Street.  

Walsh Colucci is proud to have represented Wesley Housing and Melwood in securing approvals for this important redevelopment project, which will bring deeply affordable, accessible housing and vital community services to Arlington County. The project further reflects Arlington County’s commitment to equity, sustainability, and inclusive growth. 

Figure 1: Project Rendering 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 2: Project Rendering 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 3: Project Rendering 

 

At Walsh Colucci, our Litigation Practice Group is committed to delivering effective, strategic counsel for businesses and individuals facing complex legal challenges. With decades of experience, our attorneys are known for their problem-solving capabilities, deep litigation expertise, strong client relationships, and familiarity with the state and federal court systems in Virginia. Whether navigating commercial disputes, real estate conflicts, or other civil litigation, we provide clear guidance to help clients achieve the best possible outcomes. 

Comprehensive Litigation Support 

Every legal challenge presents unique risks and opportunities. Our attorneys understand the complexities of dispute resolution and are prepared to advocate for our clients at every stage: 

• Strategic Counsel: We provide candid assessments of litigation risks and benefits, empowering clients to make informed decisions about proceeding with disputes or seeking alternative resolutions. 

• Alternative Dispute Resolution (ADR): Recognizing that litigation can be costly and time-consuming, we explore mediation, arbitration, and negotiated settlements to resolve conflicts efficiently whenever possible. 

• Trial Advocacy: When court proceedings are necessary, our seasoned litigators bring extensive trial experience and a deep understanding of judicial perspectives to vigorously represent our clients. 

• Appeals and Post-Trial Matters: We handle appeals in the Virginia Court of Appeals, the Virginia Supreme Court, and the Fourth Circuit, ensuring that our clients’ interests are protected beyond the initial ruling. 

A Broad Spectrum of Litigation Expertise 

Walsh Colucci’s Litigation Practice Group handles a wide range of disputes, including but not limited to: 

• Real Estate Litigation: Addressing title and easement disputes, adverse possession claims, lease disputes, and other real estate issues. 

• Commercial and Business Litigation: Resolving complex contract disputes, corporate governance issues, creditors’ rights, and commercial collections. 

• Construction and Development Litigation: Managing mechanic’s lien claims, bond disputes, and construction defect matters. 

• Land Use Litigation: Defending hard earned land use approvals from challenges by opposition groups, and representation of landowners and businesses in zoning enforcement actions. 

• Employment and Trade Litigation: Handling employment contract disputes, non-compete litigation, and employer-employee conflicts. 

• Trust and Estate Litigation: Advocating for clients in estate and trust disputes, fiduciary matters, and partition actions. 

• Valuation Disputes: Handling eminent domain matters and tax assessment appeals for landowners and businesses. 

Client-Focused Approach 

Our attorneys pride themselves on building long-standing relationships with business leaders, industry professionals, and property owners. We take the time to understand each client’s priorities and offer legal strategies tailored to their specific needs. Our goal is not only to resolve disputes but to position our clients for long-term success. 

If you are facing a legal challenge requiring litigation, arbitration, or dispute resolution, Walsh Colucci is ready to assist you. Contact us today to learn how our experienced team can provide the strategic guidance and legal representation you need to protect your interests and achieve a favorable resolution. 

On January 25, 2025, the Arlington County Board approved Twenty-Third Street Corridor, LLC’s minor site plan amendment to update Site Plan #206 and use permit request to allow Scapegoat Beer Garden to have more outdoor seating than indoor seating. The restaurants subject to these approvals are located in Crystal City’s famous Restaurant Row. 

As approved, the site plan amendment will reconfigure the parking area, reflect the existing outdoor seating areas, and add landscaping. Additionally, a dumpster partially located on 22nd Street South will be relocated and enclosed to ensure safe pedestrian travel. 

During the COVID-19 pandemic, the County created the Temporary Outdoor Seating Area (“TOSA”) permit program to allow restaurants to install outdoor seating so they could continue serving the community in a safe manner. Twenty-Third Street Corridor, LLC, landlord for restaurants like Bob & Edith’s Diner, Bonsai Grill, Enjera, and the coming-soon Scapegoat Beer Garden, supported their restaurants in obtaining TOSA permits. The addition of outdoor seating areas conflicted with Site Plan #206’s approval which had not been updated since 1983 and showed uses no longer on site. The minor site plan amendment ensured the restaurants were in compliance with their site plan and made improvements to the site. Additionally, the use permit allowed Scapegoat Beer Garden to install a greater number of outdoor seats than indoor seats. Scapegoat Beer Garden agreed to nearly 20 conditions proposed by County staff to mitigate potential impacts of the outdoor seating area on the nearby residential community. Such conditions include no live entertainment or dancing, no audio or video piped outdoors, and an 11pm closing time for the outdoor seating area. Overall, the restaurants within the Site Plan #206 area have 308 outdoor seats and 253 indoor seats. 

Families, friends, and visitors can enjoy the beautiful Crystal City scenery while eating delicious meals indoors and outdoors. Restaurant Row is a staple of the community and this approval helps ensure the area will continue to thrive for years to come. 

Walsh Colucci has substantial experience representing large and small restaurants throughout the region. We are available to help you navigate Arlington County’s zoning regulations and policies. Walsh Colucci shareholder Nicholas V. Cumings and associate Jessica T. Washington assisted Twenty-Third Street Corridor, LLC throughout the process. 

Northern Virginia is home to approximately 70 percent of the world’s data centers, making it one of the world’s most important digital infrastructure markets. Data centers provide substantial capital investment, employment, and revenue to the commonwealth and its localities.

On December 9, 2024, following a year of review, Virginia’s Joint Legislative Audit and Review Commission (JLARC) issued a long-awaited report on the impacts of Virginia’s data center industry. JLARC is a non-partisan state agency that conducts independent policy analyses and oversight of state agencies.

The report highlights the tangible economic benefits of data centers while addressing issues concerning statewide energy demand over the next decade. It also provides recommendations for future data center development and discusses economic impacts, natural and historic resource impacts, and the state’s use of data center tax exemptions.

The full report may be accessed HERE.

It is anticipated that the JLARC report will help inform local and state decision-makers on new data center policies, legislation, and regulations.

Walsh Colucci has substantial experience representing data center clients and proposals across the region.  We are available to assist you on your next data center proposal, and in navigating the rapidly-evolving landscape of state and local planning policies and zoning regulations affecting the industry.

On September 10, 2024 the Leesburg Town Council approved Big T Properties Rezoning and Special Exception applications for Crescent Sycolin to permit a vertical mixed-use development containing 52 residential dwelling units and over 5,000 square feet of commercial space as well as a special exception to permit a parking area in the floodplain.

Despite its location on a low-traffic portion of Sycolin Road, south of E. Market Street and bordering the W&OD Trail, the approved Crescent Sycolin project will result in a walkable community and a vibrant, mixed-use development. The approval includes 3 ADUs and a unique approach to its commercial space, which can accommodate small businesses in a comfortable and collaborative remote work environment.

The project will include 55% open space which complements the abutting W&OD trail and will be an ideal place for residents and guests to enjoy.

Project Architect DCS Design designed the 3-4 story building to complement the attractive architecture of adjacent buildings and land uses, including the historic Douglass Community Center.

The zoning approval represents innovative, forward thinking residential and commercial uses in accordance with the Town of Leesburg’s “Areas to Transform or Evolve” Comprehensive Plan designation. This designation calls for redevelopment that positively impacts the Town by retrofitting or redeveloping older parts of the Town that are increasingly outmoded due to demographics, economic and technological change. This creates a new generation of walkable, mixed-use areas, housing options, and jobs in the Town.

Walsh Colucci Senior Land Use Planner Michael Romeo assisted Big T Properties throughout the rezoning process.

At Walsh Colucci, the Land Use and Zoning Practice Group stands out for its expertise and commitment to developing Northern Virginia’s dynamic landscape. The firm is dedicated to helping clients navigate the complexities of land use and zoning regulations to maximize their investments and achieve their goals. 

 

Expertise That Delivers Results 

The firm’s members are highly skilled in managing all stages of the land use and zoning process. Whether you are seeking to develop a new drive-through restaurant or a corporate headquarters, our attorneys and planners handle every aspect—from preparing and submitting applications to defending proposals before local government staff, planning commissions, and legislative bodies. The firm and its members are recognized statewide and in leading industry publications for the ability to articulate and advocate for clients’ needs effectively. 

 

Proven Track Record 

Walsh Colucci has a proven track record of successful approvals across various sectors and in many jurisdictions.  The firm’s attorneys have helped clients transform underutilized sites into thriving business hubs and assisted in overcoming community opposition through strategic communication and engagement. Our comprehensive understanding of the legislative approval process and the people who shape public policy ensures favorable outcomes for clients. 

 

Local Expertise with Broad Reach 

Many of our attorneys and planners have spent their entire careers in Northern Virginia, building strong relationships with local authorities and community leaders. This local expertise, combined with extensive knowledge of the region’s unique needs and challenges, allows us to provide tailored solutions for each project. 

 

How We Can Help You 

If you are looking to secure project approvals and entitlements, ensure zoning compliance, or handle appeals, Walsh Colucci is here to guide you every step of the way. Our services include: 

  

• Securing Project Approvals and Entitlements: We navigate the approval process to ensure your project meets all regulatory requirements. 

• Zoning Compliance and Appeals: We help you understand and comply with zoning laws and handle any necessary appeals. 

• Due Diligence & Site Analysis: We conduct thorough analyses to ensure the site meets all necessary criteria. 

• Post-Zoning Approvals, Permits, and Bonds: We manage the post-approval process to facilitate smooth project implementation. 

• Environmental Practice: We address environmental concerns to ensure the project complies with all relevant regulations. 

• Local Government Law: We offer expert advice on navigating local government regulations and procedures. 

   

At Walsh Colucci, we are committed to helping you achieve your development goals through effective management of the complexities of land use and zoning regulations. Contact us today to learn how our experienced team can assist with your next proposal and help you navigate the ever-evolving landscape of development in Northern Virginia. 

Prince William County, VA – January 9, 2025 – Walsh, Colucci, Lubeley & Walsh, P.C. is proud to announce that Charles E. McWilliams, Jr., Managing Shareholder of our Winchester, VA office, has been appointed Assistant Commissioner of Accounts for Prince William County. This distinguished appointment recognizes Mr. McWilliams’ extensive experience, professionalism, and commitment to serving the legal community.

The appointment, made by the Judges of the Circuit Court of Prince William County pursuant to Virginia Code § 64.2-1200, underscores the necessity of expanding the office to better support the administration of estates and fiduciary accounts. Mr. McWilliams will serve alongside Commissioner of Accounts Timothy Cope and fellow Assistant Commissioner Nicholas D. Williams.

In this role, Mr. McWilliams will work closely with the Commissioner of Accounts to handle various estate and fiduciary matters as directed by the Court. His appointment follows a comprehensive and non-partisan selection process conducted by the Court and is effective immediately.

This appointment reflects the Court’s commitment to ensuring efficient and effective oversight of fiduciary responsibilities within Prince William County. Mr. McWilliams’ role as Assistant Commissioner is critical in maintaining the high standards of service and professionalism expected of this office.

Please join us in congratulating Charles E. McWilliams, Jr. on this well-deserved appointment.

On October 22, 2024, the Fairfax County Board of Supervisors approved Peterson Companies’ proffered condition amendment, concept development plan amendment, and final development plan amendment to permit a new multifamily residential building on the 4.37-acre Parkway Woods site in Fair Lakes.  

Located at the intersection of Fair Lakes Parkway and Headquarters Drive, the property formerly housed the three-story Parkway Woods office building, which was constructed in 1987.  

The approval permits redevelopment of the site under two building options designed by project architect DCS Design.  

The first option features an approximately 400,000-square foot steel frame and concrete building with two connected towers containing 380 units served by a predominantly below-grade podium parking garage.  

The second option allows a single 349,479-square foot wood frame building containing 278 units served by an above-grade wrapped garage. 

Development under both options would be LEED-certified and feature high-quality architectural materials.  

The project design team and, in particular, the civil engineers and landscape architects at Urban, Ltd., worked closely with Fairfax County staff on the project’s open space approach and landscaping. As a result, the project will include a series of plazas, seating, trails, and other amenities, as well as preserve a substantial buffer of mature trees along Fair Lakes Parkway.  The project will also substantially exceed requirements for open space, tree canopy target, tree preservation.  

The project will preserve Fair Lakes’ position as a premiere working and living environment and honors the park’s original design intent. It will provide new housing opportunities, drive the demand for commercial uses, and offer future residents direct pedestrian access to nearby retail, services, and amenities.   

The zoning approval follows the Board of Supervisors’ September 10, 2024 adoption of a site-specific amendment to the Comprehensive Plan to allow residential redevelopment as an alternative use for the site. 

Together, the Comprehensive Plan amendment and zoning approvals represent a major step forward in realizing Fairfax County’s longstanding attempts (which first began in 2007) to incentivize redevelopment and help Fair Lakes evolve from a predominantly suburban typology into a more walkable environment with urban residential opportunities.  

Walsh Colucci shareholder Andrew Painter and land use planner Bernard Suchicital assisted Peterson Companies throughout the process.