Members of the James City County Board of Zoning
Appeals have a new attorney to see them through legal
proceedings over a pair of proposed cell towers in
Kingsmill.
The BZA voted unanimously Friday night to hire Doug
Miller of Patten, Wornom, Hatten and Diamonstein in
Newport News. Miller will help the board prepare for a
Sept. 21 hearing in Gloucester Circuit Court.
The BZA had met in closed session to interview
Miller. Member Jack Fraley said Miller's fee would be
paid by a citizens group who has raised funds for the
BZA since the county declined to represent the board in
the cell tower case. Read a story about the history of
the case here.
Donald Patten, a partner in the firm, had been
providing the BZA counsel pro bono. The case pits a
quasi-judicial government body appointed by the Circuit
Court - the BZA - against the county, cell tower
companies and the Kingsmill Community Services
Association, which serves the interests of corporate
owner Busch Properties.
The case began in March 2008, when the JCC planning
director approved the wireless companies' plans to erect
the towers near the Kingsmill soccer field. A Kingsmill
citizens' group formed to oppose the towers appealed
that decision, and the question ended up before the
county's Development Review Committee, whose members
agreed with the recommendation. The citizens' group
appealed again, this time to the BZA, whose members
voted against the proposal.
That sent the issue to Williamsburg-James City
Circuit Court Judge Samuel Powell's courtroom, which
might have been where it was heard if not for the
judge's nephew being employed by the cell towers' legal
team. The judge recused himself, and the issue is
now being heard by Judge R. Bruce Long in Gloucester
Circuit Court. The latest story about the case can be
read here.
Miller has ties to Williamsburg. He earned his law
degree from the Marshall-Wythe School of Law at the
College of William and Mary, graduating third in his
class in 1995. While in law school he served on the
staff and editorial board of the Law Review. He was also
a member of the school’s National Moot Court team, which
earned the Best Brief award and finished second overall
in the 1995 National Moot Court Tournament. Upon
graduation, he was selected by the law school faculty to
receive the Lawrence W. I′Anson Award. The honor, which
recognizes scholarship, character and leadership, is
named for the former chief justice of the Supreme Court
of Virginia and former president of the Board of
Directors of the Williamsburg-based National Center for
State Courts.