Judge Thomas to Boone: “Tear it down”

Norfolk Circuit Court Judge Norman Thomas has ruled that Ronnie Boone must tear down the second story bar and restaurant that he built in Ocean View without proper permits and plans, according to an article in the Virginian Pilot. The entire opinion can be found here.

Boone built the $2.5 million structure to replace Harrison’s Pier, which was destroyed in a hurricane. After a hearing in January 2006, Boone was granted after-the-fact permits and fined $10,000 for building the second story of the structure. At that hearing, well known Norfolk attorney Pete Decker, a member of the firm representing Boone before the commission, spoke in Boone’s favor. Counsel for Boone offered remarks on behalf of Norfolk Mayor Paul Fraim, who had to leave the hearing before he could be called to testify.

In addition to ordering the dismantling and removal of the second story, the opinion also awards attorneys’ fees and costs to the petitioner, Sarah Harrison. Harrison’s complaints were about the noise and activities conducted there.

Boone had similar problems regarding permits on building a pier in Hampton at Buckroe Beach. The pier there has yet to be completed.

The way I see it, Thomas, who was selected by the General Assembly to his current position effective 5/1/2004 for a eight-year term, has just put a target on his back. By ordering the demolition, he has taken on some of the most powerful folks in the city. I doubt if anyone will forget this when he comes up for reappointment in 2012. People around here have long memories. Having run for office (he ran for Commonwealth’s attorney in 2000), no doubt he is aware of potential political consequences of this opinion.

The opinion, as I read it, is solid and unlikely to be overturned on appeal. Nonetheless, I expect an appeal will be filed and that the second story of the Ocean View Fishing Pier will still be in place long after the 90 days set in the opinion for demolition has passed.