MONTGOMERY COUNTY, VA – A Montgomery County judge has denied two requests filed by families seeking to temporarily stop Virginia Tech from relocating the University Columbarium.
The hearing lasted several hours Thursday, as the two families argued the move would permanently disrupt what they believed was a final resting place for their loved ones.
The judge heard two separate requests for injunctions — one filed by Bryan Emmerson and another connected to Linda Berger — both asking the court to temporarily stop Virginia Tech from moving forward with the relocation, until a judge could decide further.
But the judge ultimately denied those requests, calling an injunction an ‘extraordinary measure’ and saying the plaintiffs had not shown enough legal merit to justify one.
The court also heard from attorneys representing Virginia Tech and the Alumni Association.
They argued the agreement tied to the columbarium never explicitly guaranteed it would remain in that location permanently. They also noted Virginia Tech was not part of that original agreement, despite owning the land and the columbarium itself.
At one point during the hearing, an attorney for Virginia Tech acknowledged the impact the decision has had on families, saying, “We’re sorry we have to do this. This is not something we want to have to do.”
No one involved in the case commented following the hearing.