NORFOLK
Developer Ronnie Boone Jr. can keep the building that houses his outdoor bar on Ocean View Fishing Pier.
A three-judge panel for the Virginia Court of Appeals released an opinion Tuesday that reversed Norfolk Circuit Court Judge Norman A. Thomas' ruling last year ordering Boone to tear down the structure.
The case arose after a neighbor, Sarah Harrison, filed a lawsuit in Circuit Court challenging the Virginia Marine Resources Commission's decision to grant Boone a permit for the structure after it had already been built.
She claimed the bar structure blocked her view and that its patrons made too much noise.
In the ruling Tuesday, Appeals Court Judge D. Arthur Kelsey said the Circuit Court had no authority to order the dismantling of the bar structure or to award Harrison attorney fees.
Boone built the Ocean View pier to replace the former Harrison's Fishing Pier, which was destroyed in 2003 by Hurricane Isabel. The $2.5 million project received unanimous approval from the Norfolk City Council.
Boone had gotten permits from the state Marine Resources Commission to build a restaurant, a game room, a bar and an upper deck area on the restaurant's roof. The commission had jurisdiction because the pier extends out over a public waterway, the Chesapeake Bay.
While constructing the approved structures, Boone built an approximately 10-by-27-foot structure on the upper deck without securing a permit. Boone wanted to use the space as an outdoor bar and catering station, as well as a place where he could do office work. Boone later applied for a permit after the structure was completed. The commission granted it but fined him $10,000.
The appeals court ruled that the commission was correct in issuing Boone a permit for the outdoor bar "after the fact" and that the structure can stay, said Boone's attorney, Martin Thomas.
"I didn't build the roof out of meanness or malice or anything like that," Boone said.
He said that if he thought the structure really blocked someone's view or harmed the environment, he would have taken it down.
Harrison and another neighbor had argued at a commission hearing that patrons in the second-story bar were loud and that the structure blocked their view of the water.
In March 2007, Judge Norman A. Thomas vacated the commission's approval of the after-the-fact permit, ordered Boone to dismantle the structure around the bar and awarded Harrison $9,413 in attorney fees.
In his decision, the judge had questioned the commission's fairness, noting that a commissioner seemed to have "a clear and inappropriate bias in favor of Boone."
Harrison could not be reached for comment Tuesday. Her attorney, Scott Carnes, said he hopes his client will appeal the case to the Virginia Supreme Court.
However, Virginia Beach attorney L. Steven Emmert, who tracks appellate issues, said the Court of Appeals' ruling was probably the last time a court would fully review the matter.
Jen McCaffery, (757) 446-2627, jen.mccaffery@pilotonline.com
Delicious
Digg
Reddit
Facebook
Google
Yahoo
Upload Your Video
iTunes Podcast
Video Feeds
Watch The Dot
RE: Big Picture
I know all to well what the Boone's have done in OV. I also know all too well the perks NRHA and the City leaders have done FOR the the Boone's, so please don't go getting self-righteous about the Boone family. When it comes to rental property Boone Realty is listed as the worst rental agency in Norfolk. No other developer or builder has gotten by with as much as the Boone family, none at all, and I'll bet you dollars to donuts we haven't heard the last of what the Boone's have gotten by with. Hang in their my firend there is more to hit the fan.
As for Boone, Jr and wanting to charge me 4 times to go 1 1/2 mile to unlock my door, he's certainly not the finest, upstanding and respectful young man the other poster mentioned, but it's typical Boone policy to rip anyone off they think they can.
Big Picture thinking needed here
Ronnie Boone quoted you a price that was $60 more than another vendor? By gosh he should be hog-tied and ran out of OV on a rail! Why that's treason Man! What a crime against humanity! Who cares about his personality if your account could be, in fact, considered a character flaw.
I think you need a dose of BIG PICTURE and rise up out of petty triteness. What Ronnie Boone probably also did, and the Boones continue to do, is raise your property value(s) by investing in the core of OV and making what was derelict and trashy, better and worth more money for you and them. Why don't you think about how much value he (and others who have rebuilt) has given you back? Probably more than the $60 to pop your lock.
That most respectful Boone??
"As far as the wonderful new Oceanview Fishing Pier, it is owned and operated by one of the finest, most respectful and considerate young man I have had the pleasure of knowing. Ronnie Boone,Jr."
Just who are you trying to kid?
The Ocean View Hardware Store used to be owned and operated by Boone Jr. Getting ready to leave that store one day I realized I had locked myself out of my home. When I inquired about a locksmith, Jr. told me he had one and it would costs me $80.00. I aked for a phone book turned it to Locksmith, and called the first ad that look good. I was told by the locksmith on the phone it would costs me $20.00. I repeated that info so Jr. could hear it, and he turned his back and walked away. Yes sir, now that's what I call the finest, most respectful and considerate young man I've every met also.
Shame on the Boone's !
Shame on Ronnie And Judy Boone and their sons. How dare they become successful and become and become and one responder mentioned, "the Soprano's" of Ocean View. What an insult! Having grown up around them and knowing first hand the work ethic that they have exhibited over the years one can rest assured that they have somewhat reaped the rewards of their labors. The contributions they have made to the community whether it was reading to children at Oceanair Elementary ,their monetary support of NAS Little League, the Jingle Bell Ball and many other things that go unmentioned tend to be the things I remember the most about the Boone's, along with their love for Oceanview.
As far as the wonderful new Oceanview Fishing Pier, it is owned and operated by one of the finest, most respectful and considerate young man I have had the pleasure of knowing. Ronnie Boone,Jr. has done a wonderful thing revitalizing something that was once a run down, poorly maintained fishing pier, that was previously owned by the Harrison's. Perhaps Ronnie, Jr. realized on that in order to keep the pier up and to show a "profit" it would require more than the price of admission and a dozen blood worms. Once ag
Did the RIGHT THING
The next time your water heater goes out on a Saturday or Sunday you will realize the reason why some permits are issued after the fact. You need a permit to replace your water heater and permiting offices are not open on weekends! Permits are issued after the fact usually due to changes in work that needs to be done on a schedule or the permitting office is not open at time, etc. Ronnie did the right thing be securing the permit after the fact in this case. Bottom line. It happens often, just ask any contractor.
RE: no big deal
It's not about the area which isn't a bad area, it's about a family (The Boone's) getting by with far more than anyone else would get by with because of their marriage to the NRHA and our City officials. BWT it isn't just Mrs. Harrison complaing about the noise/music/drunks coming off the pier it's a complaint by everyone living around them. Sounds travels a long distance when it's on the water.
dang, I was hoping...
if that ruling help up, I'd have a shot at suing VDOT to dismantle the HRBT because it blocks my view of Newport News.
'The Boone's"
......the Soprano’s of Ocean View......
No big deal
Who really cares? Many people, like myself, avoid that "troubled area" anyway...
Cold Cash
I wonder how much money found its way in to the hands of those judges. Ronnie Boones a typical crooked developer. He owns politicians and now he owns judges.
Randy Right
Just another loser clown owned by developers.
Dump
Ocaen View is a DUMP ....Get over it
FINALLY!!
Its about time the court system blew away the smoke screen Sarah Harrison was putting up in the name of environmental protection, noise abatement and a privately reserved view of the bay. The State also needs to look very closely at Judge Thomas's original decision, his ruling on the pier seems fishy to me.
Did know needed building permit
Ronnie Boone tried to build an outdoor patio at the Thirst Camel and didn't know he needed a building permit?????? Randy Wright took business men to the Camel for lunch, and didn't knopw Boone needed a building permit for the patio either???? Construction was stopped on the patio after some inspector got involved. Ronnie Boone opened another bar beside and attached to Greenies. It had a completely seperate address and required a second ABC license, the Boone's didn't know that either???? They claim they have closed that bar, but with all the money they put in it, it makes you wonder. The Boone's have been married to NRHA and our City officials for years, and have gotten by with far more than any of us would ever get by with. Pleading stupidity seems to work, but dollars to donuts, we haven't heard anything about what the Boone's have gotten by with under the table with the city.
The real issue
Is that a person with a dubious noise gripe tried to misuse environmental law to control another person's property.
Misuse of environmental laws by NIMBYists and others with personal agendas is a real problem and must be dealt with by penalizing those who do so.
Environmental laws, in general, are written too broadly and invite this type of misuse. Protecting our environment from true threats is necessary, but when they are carelessly written, they can become wicked tools for meddlesome extremists, as we are seeing more and more in our area and on the outer banks.
The real danger is that people will become so annoyed by the environmental extremists antics that they will throw out needed protections in an effort to restore sanity.
OOPS!
That should read "ordinances", not "ordnances". My bad!
GO STAND BY THE BAR AND LOOK AROUND
When this issue first hit the papers, I went to the rooftop bar and looked around. I don't know where this Harrison lives, but the closest house is at least a good 200 yards west. Assuming THAT house is the Harrison place, one can extrapolate that the amount of water view that is blocked by the bar structure is about the same as that which would be blocked by a pea. Besides, if Harrison lives on Willoughby Spit, just how much water does she need to see anyway? And why doesn't she sue eveyone who lives around her for likewise blocking her view? It is no secret that Harrison doesn't like the Boones. And if the noise is too loud for her, she can call the police everytime it bothers her; I believe Norfolk HAS noise ordnances.
Boone realty
If you want to check out Boone Realty you will find they are listed as the #1 worst rental agency in Norfolk.
Scofflaw wins again . . . .
It's a sad situation when power and money speak louder than the law.
OVinU
As a waitress at Ocean View Fishing Pier I am not only disappointed by the comments made about the pier but also about the waitresses. Judgemental comments should not be made about the Boones or the wait staff at the OVFP for those of you who do not know either of them. As an employee of the Boones for almost 7 years let me tell you that it is a real shame you do not give the family a chance to prove to you how great they can be. The pier is a beautiful structure that has allowed tourists and locals to invest in the OV economy. Come on up, give us a try. I can guarantee you will love the food, the staff, and a wonderful sunset that only a top deck view can provide. Also, there was a previous comment made in regards to "prostitutes" being brought off the streets and given jobs at the pier. On the contrary, I am a college graduate with an undergraduate degree in accounting. My co-workers also consist of other college graduates with degrees in education, psych, criminal justice, business, theater and much more; Not to mention, many of the men who work at the pier are also employed by the Portsmouth Fire Department and others are on their way to obtain the same position. Next time you
Illegal
Its just amazing Mr Judyboone breaks the law and his neighbor winds up paying 9,000 dollars....
Do things legally
I don't have a problem with a developer being up front about doing something and getting the proper permits for doing it. But when, like in this case, they go and do something without a permit or proper permissions THEN get it approved after the fact, THAT's when I have a problem with it it.
Think of it this way: if the common citizen of Norfolk tried something like that, the book would get tossed at them and they would be required to tear it down. Cronyism is alive and well in Norfolk, VA.
The Boones have worked hard to develop Ocean View
The scenario regarding the building of the pier without the proper permit is not uncommon in the building world. Furthermore, the lower court did not have the authority to order that the pier be dismantled. Some of the comments are not only disgusting, but tasteless and uniformed. The Boones have worked feverishly for years to develop Ocean View. They have made Ocean View a desirable place in which to live and visit, and they should be commended. The pier built by Mr. Boone is tastefully built and is being enjoyed by locals and vacationers alike.
OV RESTAURANT
I am very pleased to see the state ruling on the ov fishing pier's restaurant. as a native of ocean view and currently a resident in the vb oceanfront for 25+ years, what in the world could possibly be misconstrued by the continuing improvement of that area. did the vb developer that created ocean eddies do anything outrageous? there have been alot of risks over the past 20 years taken by the boone family to improve ocean view and let their vision live on. thank heavens for people like the boones that "have" struggled to make ocean view a great place to live.
I like the way
It looks now. The Boone's have done much to improve this area and this nice fishing pier and a place to relax make that apparent. And why should they not profit from it? They were investing in the Ocean View and Willoughby areas when others considered it hopeless and a dump. This, to me, is a nice turnaround from the days of drug infestation and prostitution. The closing of the topless dives were a positive move too. Now they need to get rid of the dump hotels that cater to what is left of these former problems, they need to place areas like these under the legal magnifying glass and stop wasting money trying to suppress the positive.
Keep up the beautification effort!
Rich developer or not--it's wonderful to see that Boone was able to rebuild such a well-known landmark after the 2008 hurricane. It certainly adds much to the beautification effort of Ocean View (and subsequently to home owner's property values.) It seems the rebuilding effort in OV has lost steam, and it's prior backing, from the city so it's indeed fortunate that private individuals that have their own funding can step up to the plate. Let's all keep Ocean View moving forward, and in keeping with what's best for all home owners, and not backward into disrepair and the interests of the "disgruntled few."
No Surprise Here
No surprise that the well connected get what they want from a Virginia Supreme Court that seems to have lost sight of following the law. Norfolk's well-entrenched cronyism continues unabated. It won't be long before Norfolk sinks as low as Portsmouth and then it will be too late.
Thank goodness
What would the world come to if we didn't allow rich, well-connected developers to flaunt environmental regulations in order to get richer?
Great ruling!!!!
Man tries to rebuild the pier and make the whole area better and some wingnut judge oversteps his boundry!! Finally some property rights cases are for the owners!!!
My crystal ball
I told you so...
I support the pier but we all know justice exists only for those who can buy it.