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In their lawsuit, the Worleys said that the Tbwn Council decision was "a capricious, irrational and biased exercise of regulatory fiat and excess, based on the whimsical tastes and incompetent personal opinions of individual members of the Tbwn Council all of whom are lay persons and none of whom have any professional training or experience as historians, architects or municipal planners."
Asked to comment on the lawsuit, Town Mayor Gene Leggett said," The council members were neither 'arbitrary or capricious' but presented their conclusions with care, after much thought."
Leggett, who was the lone council vote in favor of the Worley proposal, said, "I am proud of the Tbwn Council members. They spent the 60 days reviewing documents, talking to experts, listening to townspeople and most time- consuming, visiting multiple sites to see the materials in actual use.
"I hope the courts will not find grounds to intervene in our local government process."
Tbwn attorney John Bennett could not be reached for comment.
The lawsuit delved into an analysis of the legislative history of the Virginia Code and said that the designation of the Washington Historic District as an "historic landmark" in 1975 by the Virginia Historic Landmarks Commission was "invalid and void” because no individual historic landmarks had been registered within the district at that time.
The Worleys claim that the town failed to comply with the state enabling legislation on historic districts when the ordinance was adopted by not designating any specific buildings or architectural styles that were
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