It appears that Marymount University may not have lost its rights to Lewinsville Park's Field 2 just yet.
In a statement issued Tuesday, Sept. 20, Public Information Officer Judy Pedersen said that the Fairfax County Park Authority "is disappointed with the ruling of the Supreme Court of Virginia in the Lewinsville Park case," and that the Park Authority intends to request a re-hearing.
"Therefore the appeal process is still underway and there has not yet been a final ruling of the Supreme Court," said Pedersen in the release.
On Friday, Sept. 16, the Virginia Supreme Court had ruled unanimously in favor of the West Lewinsville Heights Citizens Association and the Board of Zoning Appeals (BZA), and against the Fairfax County Board of Supervisors in the matter of leasing Field #2 of Lewinsville Park to outside interests. The controversy had arisen as a result of the Park Authority's decision to allow Marymount University to use the field in exchange for paying for half of its $700,000 renovations and upgrades. The decision was presumed to be the end of what has become a long and bitter battle between residents of McLean and Fairfax County.
The Park Authority is seeking a re-hearing because the ruling on the case was the result of a technicality of timing and not a decision based on the actual details of the case.
"It should be noted that the Supreme Court ruled against the Park Authority on technical grounds, and did not rule on the underlying merits of the case related to whether Lewinsville Park is a public use," stated Pedersen in the Sept. 20 press release.
Pedersen declined to comment further on the matter. Jan Brodie, Senior Assistant County Attorney, also declined to comment as the case is still in the process of appealing for a re-hearing.
MCA member Frank Crandall says that he and other residents are "very suspicious" about why the Park Authority has taken such action.
"I think it may well be that they are trying to claim that the thing isn't settled yet so Marymount doesn't have to abide by that [ruling] and can hold its annual Homecoming game," said Crandall.
Marymount's Homecoming soccer games are to be held in Lewinsville Park and are scheduled for Friday, Sept. 30 and Saturday, Oct. 1. Jack Hannon, president of the West Lewinsville Heights Citizens Association, says that this move on the part of the County "seems like another step in the wrong direction." Like Crandall, Hannon says he believes that the County is "misusing the process to force even more college games into the park."
"At some point we expect an open and fair process here and this just doesn't seem to cut it," said Hannon. "They certainly didn't contact us and say 'look we've got a problem here, Marymount has a Homecoming Game in October.' It makes us wonder if we'd even get fair coverage if there ever is a request for a special exception permit."
For his part, Crandall says he feels that "the County has been so incredibly arrogant about this whole thing."
"I think it is almost an attempt to assert that 'we can do anything we want to do because we're the elected body,'" said Crandall. "The County throughout this thing has played the role of the schoolyard bully and they are trying to keep it up."