Judge orders Williamsburg to release documents on cancelled Strawberry Plains Road deal
Legal win for city resident Robert Wilson
A court ordered the city of Williamsburg to turn over all documents between the city and a local developer for the termination of a controversial agreement to build townhouses on Strawberry Plains Road.
Friday’s order from the Williamsburg-James City County General District Court was a legal victory for Robert Lee Wilson, a city resident who has frequently criticized city officials for not being fully transparent about their actions.
The city has 30 days to appeal the ruling. Williamsburg Watch requested a comment from the city spokesperson, through whom all city officials are required to speak, but had not heard back by press time.
The origin of the case dates back to June, 2022, when the city entered an agreement to sell 13.9 acres at 180 Strawberry Plains Road to Cale Development for a high-density townhouse development. After considerable protest from William & Mary faculty and students, and a rejection by the city planning commission, Cale withdrew its proposal and the city cancelled the agreement.
Last month the city announced it would turn the land over to William & Mary as part of a land swap that will allow the city to expand the Cedar Grove Cemetery.
Wilson asked for a copy of the termination agreement under Virginia’s Freedom of Information Act last month, but was turned down by the city. City attorneys said it was exempt from the FOIA law under a clause that protects attorney work compiled specifically for use in litigation.
Wilson, who represented himself, told the court in a legal brief “the entire history of this attempted sale to a developer has been characterized by secret and undisclosed meetings, communications and exchanges of information...” Wilson said the city was now disputing his request “to hide bad behavior.”
Judge Matthew D. Danielson, a 9th circuit judge sitting in on the case, ruled the city was unable to provide any case law to support its refusal to provide Wilson with the termination agreement.
“It is a contract between the parties, and as such is not entitled to the disclosure exemption” in the FOIA law, the judge ruled.
