SALEM, VA – Update:
The judge issued his written ruling Thursday, siding with HopeTree, sustaining Defendants’ Demurrers to counts four through six, dismissing them with prejudice, according to court records.
In the written ruling, the judge said in part:
“Ultimately, the Court agrees with Defendants’ characterization that Plaintiff seeks a judicial resolution to an issue that is properly a legislative prerogative. Plaintiff’s remedy in this case, if any, is at the ballot box, not in circuit court. By August 20, 2025, Mr. Marston shall prepare and submit a final order consistent with this letter opinion, which of course, preserves Ms. Ching’s objections to the Court’s rulings.”
Original:
From the council chambers to the courtroom—
“It’s not the court’s job to decide if the project is right or not; that is for city council,” HopeTree Defense Attorney Brett Marston said.
“Plaintiff Hart is not asking for a judicial veto,” Attorney for Plaintiff Carl Hart Jr. Carol Mullen Ching said.
Nearly three hours of arguments Friday laid out both sides of a lawsuit—claiming HopeTree’s filing process to rezone, and Salem City Council’s approval violated legal procedure.
“The argument is that council failed to properly consider these factors. Failed to give due regard,” Ching said.
The case isn’t about whether the development is a good idea — but whether the proper steps were followed.
Plaintiff Carl Hart Jr.’s attorneys argued that the City of Salem violated its own rules by approving a second rezoning application from HopeTree without observing the mandatory one-year waiting period after the first filing was withdrawn.
“He is asking the City of Salem to follow its own ordinances and Virginia state law. That is what plaintiff Hart is asking this court to do,” Ching said.
But defense argues the first filing was never officially withdrawn to begin with, saying they simply ‘declined to move forward’ with the first filing.
“Mr. Hart is incorrect in that argument, as there never was a withdrawal of the first application,” Marston said.
The lawsuit also claims the city council based its decision on faulty traffic study info, and that the master plan didn’t have enough details to meet what the city code requires.
“Council is entitled to presumption that it knew about all these facts as the application went through,” HopeTree Defense Attorney Aidan Williams said.
The hearing drew a large crowd of supporters for Hart - including Carol and Paul Dotson, who filed a lawsuit against HopeTree last year that has been dismissed.
“People that live near HopeTree, I think 90% agree with what he’s doing,” Carol said.
They say they’re worried for the future of the neighborhood.
“The amount of devastation that’s going to occur to the people who own houses in Salem, because of the HopeTree development,” Paul said.
All sides declined to comment.
The judge didn’t make a ruling Friday, but says he could take up to 14 days to issue a written decision.
If he sides with the defendants, who are asking for the case to be dismissed, the case would be over; but if not, the case would move forward into preparation for trial.