Thread: VA-Judge Rejects Manassas's Bid to Restrict New Sign

Judge Rejects Manassas's Bid to Restrict New Sign
Owner to Seek Permit for Pro-Immigrant Billboard

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By Jennifer Buske
Washington Post Staff Writer
Thursday, March 26, 2009; Page LZ14

The City of Manassas's request for a permanent injunction against the owners of a pro-immigrant billboard built twice at 9500 Liberty St. was denied by a Prince William County Circuit Court judge Tuesday.

The injunction would have provided Manassas better legal footing if residents Gaudencio Fernandez and Delia Alvarez attempted to build a structure again without obtaining permits, said Martin R. Crim, a city attorney.

But Judge Mary Grace O'Brien said Tuesday that she denied the city's request because the sign is no longer standing and existing building and zoning statutes protect the city.

"We are very satisfied to see that justice has been done," Fernandez said after the judge's decision. "We believe we haven't done anything wrong, and we will continue to apply for a permit to build another" structure there.

Manassas officials said they sought the injunction because Fernandez has repeatedly violated the city's building and zoning codes by building structures without permits.

The latest incident began Feb. 1, when Fernandez constructed his second pro-immigrant sign that called for Prince William and Manassas officials to "stop deportations" and end the cooperative agreements they have signed with federal immigration authorities.

The city issued a stop-work order that day because Fernandez had not applied for permits. Fernandez ignored the order and completed the sign. On Feb. 2, he applied for a permit, but that application was denied for several reasons, including lack of a site plan, city documents say.

Fernandez took the sign down Feb. 13, less than 24 hours before a court appearance on the matter.

O'Brien also denied the city's request to have Fernandez pay about $260 to cover the costs Manassas has incurred dealing with this issue.


"I recognize the frustration of city officials," she said. "But I do know the law looks unfavorably on precluding future behavior."

Crim agreed that laws are in place to address building structures but said Fernandez has repeatedly disobeyed them, which has forced the city to waste its time and resources. City officials appeared in General District Court in September because Fernandez had also constructed the first sign without a permit.

"They are not naive property owners and are deliberately breaking the law," Crim said at the hearing. "Mr. Fernandez has thumbed his nose at the law, he has thumbed his nose at the city, and he has thumbed his nose at the courts. . . . These actions more than justify a permanent injunction."



http://www.washingtonpost.com/wp-dyn/co ... s_metro/va

Keep up the good work Manassas.