“The Battle of Catlett” will continue in court.

After two years of public hearings and negotiations, Fauquier’s board of supervisors in December voted, 3-2, to deny rezoning and special exception permits that would allow construction of 225 homes and 85,000 square feet of commercial space at Routes 28 and Old Dumfries Road (Route 667) in Catlett.

The developer in November 2009 had proposed 950 homes and 95,000 square feet of commercial space on 793 acres.

Catlett Farm LLC on Wednesday filed a 35-page lawsuit to contest the supervisors’ decision in Fauquier County Circuit Court.

The plaintiff deems the supervisors’ decision “arbitrary and capricious” because it allegedly ignored the county comprehensive plan, which designates Catlett as a “service district” with public utilities.

The lawsuit also accuses the board of “impermissible exclusionary zoning. Fauquier has affirmatively pursued policies that are intended to, and have the effect of, placing impermissible burdens on the ability of person of low and middle income to purchase homes in the County thereby creating and perpetuating such exclusionary zoning that Catlett Farm has the right to contest as the provider of affordable housing.”

The landowner/developer had “proffered” to build a $6 million wastewater treatment plant in exchange for the rezoning.

In addition to serving the proposed development, he treatment plant would address failing septic drainfields in Catlett and Calverton.

Retiring Cedar Run District Supervisor Ray Graham, in his last meeting, delivered a 22-minute speech in favor of the proposal. During his 12 years on the board, county officials had found no better solution to the acknowledged “public health problem” in the area, Mr. Graham said.

Chester Stribling (Lee District) agreed.

But, Terry Nyhous (Center District), Peter Schwartz (Marshall District) and Holder Trumbo (Scott District) voted against the proposal. They said the costs of sewer lines and monthly fees to low-income homeowners would be too high.

The county has three weeks to file a response to the lawsuit.

Manassas attorney John Foote and Warrenton attorney Hank Day represent Catlett LLC.

Click here to read the plaintiff’s complaint.

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Click here to read Don Del Rosso’s story in the Jan. 6 Fauquier Times-Democrat.