A legal Catch-22 got even messier for the Town of Halifax this week with a zoning/boundary adjustment protest that could end in a lawsuit.
Businessman W. Allen Stevens and his partners, Dean Newton and Bruce Elliott, say they are losing money due to a zoning change following the town's December 1999 boundary adjustment.
The parcel of land in question is located on Crawford Road and contains 23 acres with nine lot sites, according to the businessmen's attorney, W.W. "Ted" Bennett. One manufactured home is currently located at the site.
The businessmen took their case before the Town of Halifax Planning Commission during its Wednesday night session.
"These people's problem is that their land was zoned and the plat of subdivision approved by the county in December of 1999," explained Bennett.
"And under state law that means their rights were vested to develop and sell lots," added the attorney.
Since the town's December 31, 1999 boundary adjustment, Halifax Council rezoned new lands as residential.
"We are only able to get one permit for the existing house," explained Allen Stevens.
Bennett said that the businessmen have been trying to work with the town for four months and that nothing has happened.
"They have been totally stopped in their business and have lost two sales and been unable to close contracts on several others," he added.
The three developers want the town to recognize their rights as vested and allow them to sell lots.
The town's Planning Commission members took the request under advisement Wednesday night until they talk with legal counsel.
"We are just trying to get our land zoned so that we can sell some houses," emphasized Stevens.
"Now they are at the point that if the town does not respond with reasonable dispatch, they will have to proceed to a larger issue, the taxation and total regulation piece," Bennett said.
"They will have to consider a lawsuit. They don't want to do that, but if they are left with no alternative ..."
Although Bennett said "taxation is not the primary reason" for the protest, taxation without representation could become an issue if the matter is not settled.
Blacksburg and Lynchburg prevailed in taxation without representation challenges, according Bennett. But, he said that "the difference between those and Halifax is that Halifax is not able to hold a valid election for these people on May 2, so it is a gray area.
"Not having it (voting wards and representation )for the first election gives these people more of a shot than the taxpayers had in the Lynchburg and Blacksburg cases," he added.
Without U.S. Justice Department approval for its proposed five-ward voting plan, only residents of the town's four wards prior to the boundary adjustment can vote in the May 2 election.
Political candidates also must live within the four existing wards, which took two of the three candidates seeking two at-large seats out of the race. Gene Murray and Allen Stevens both live within the newly incorporated areas, only veteran councilman Harold Younger Jr. will be on the ballot. A space for write-in votes will be available.
Members of the town's planning commission include Leon Plaster, Carl Espy, Marlise Crowe and Kelly Phillips.

State funding that would assist Virginia International Raceway in achieving its lofty goals within the next five years promises to provide full and part-time employment for upwards to 650 persons.
Those and other details surrounding the reopening and development of the 25-year-old race course nestled in the western corner of Halifax County were discussed at the Halifax County Planning Commission meeting this week.
VIR's first spectator event is scheduled for the weekend of May 6 and 7.
Assistant County Administrator Jerry Lovelace explained plans for the VIR Raceplex which will include eight to 14 buildings housing racing and related general automotive businesses.
According to Lovelace, representatives of the Industrial Development Authority, Lake Country Development Corp., the State Dept. of Economic Development and the Southside Planning District have met with VIR officials to look at what VIR plans to do and how it will make use of funding through the state's Business Incubator Program.
The project also includes plans for condominiums, a conference center, restaurant, hotel, motel, tennis courts, swimming pool and an equestrian center.
"The reason I brought this up at this meeting is that the whole area (VIR) is zoned agricultural. If the Raceplex gets into what they hope it will, we're looking at a possible rezoning... possibly to light industrial," said Lovelace.
"There is no race track in America where you can have a business located on the same piece of property. Once a product is developed and fabricated, it has to be hauled somewhere else to be tested," Lovelace said.
"Here, you drive out the back door and you're at the track." Lovelace explained how race car builders and sponsors would be able to save money through such conveniences.
Construction teams began work last year upgrading and repaving the 3.27 mile track which originally opened in 1957.
VIR involves approximately 1,200 acres and lies partially in Halifax and Pittsylvania counties. The entire racing area is located in Halifax County.
Approximately 800 acres still belong to the Foote Family where the family plantation home is located. The home is slated to serve as a clubhouse after renovations are completed.

The Halifax County Planning Commission, responding to overwhelming citizen concerns, refused to endorse an application for rezoning filed by Dunn and Sons Funeral Services at Tuesday night's meeting.
The Board of Supervisors will consider the request Monday night.
The vote of the commission was 7-0 against approval. Commissioner M. M. Claiborne was not present.
JPD Enterprises, Inc., owners of the property, had applied for rezoning from A-1, Agricultural to B-2, General Business.
The 1.2 acre site is located on the northeast corner of the intersection of Route 832 (Chatham Rd.) and Route 676 (Asbury Church Rd).
Attorney James E. Edmunds and nine owners of nearby properties and businesses spoke against the application, citing noise, traffic and waste disposal from the embalming process.
Dr. Jim Priest, one of the opponents had concerns about disposal of the formaldehyde used in embalming.
"Any significant amount of formaldehyde placed in a septic tank will de-activate the septic line," Priest said, citing a conversation with the Department of Environmental Waste.
Eugene Epps, who operates a beef cattle farm next to the property in question, expressed concerns over the funeral home waste filtering into the water supply for his farm.
H. G. "Gene" Riddle, who owns the property across from the proposed funeral home site, raised concerns over property values, noise, traffic and disposal of body fluids, including blood.
Gary Burton, funeral director for Crawford, Garrett and Burton Funeral Services, asked the commission to deny the application.
Burton objected to an unlicensed funeral home from Washington, D.C., moving to Halifax County and "taking tax dollars away."
In rejecting the application by Dunn and Sons Funeral Services, the commission noted the number of speakers opposing the relocation, the unresolved issue of waste treatment and its unlicensed status.
Other applications
The application filed by Gerald and Frances King to rezone a one- acre parcel from A-1 Agricultural to B-2 General Business was also denied.
King wanted to open an auto body shop on the property, and spoke to the commissioners on his own behalf.
According to King, all scrap metal and other junk would be removed on a regular basis. He offered to erect fencing if required.
Two adjacent property owners expressed their concerns about noise from a nearby body shop and asked if a conditional use permit might work instead of rezoning.
Assistant County Administrator Jerry Lovelace addressed that issue.
"We can use conditional use permits for some things in agricultural areas but only if they're not types of activities that are already specifically listed in other types of zoning," Lovelace said.
"In a B-2 zone, a body shop is a specifically listed use. A body shop can only go in a B-2 Business zone."
The commissioners, expressing opposition to "spot zoning," voted unanimously to deny the application.
The commissioners unanimously approved a conditional use permit filed by J.M. Huber Corp.
Rich Holtman, plant manager, said the permit was needed for an addition of approximately 38,000 square feet to the facility.
The purpose for the addition would be to relocate the existing open welding/fabrication area away from the warehouse and also to install and operate post-production equipment needed to overlay oriented strand board products.
Holtman said that the addition represented a "total investment of $8 million and would take approximately seven months to complete."
An estimated six-to-24 additional workers would be needed, depending on the number of shifts required, Holtman added.
Tim Smith, environmental safety manager for Huber, and Steven Husted, project leader for the expansion, both stated that all proper notice had been given for air quality compliance with the Department of Environmental Quality.
Scenic River
Finally, Lovelace reported on efforts for a 24-mile section of the Staunton River to receive "scenic river designation."
The state Scenic River Advisory Committee has nominated the section between Brookneal and Staunton River Battlefield Park for designation.
An 11-mile section of the river from Long Island to Brookneal has already received such a designation.
Several steps must be taken in order for approval, among them the endorsement of the local governing bodies and approval by the Virginia Department of Conservation and Recreation (VDCR).
Several criteria are considered by the VDCR, including water quality, agrarian conditions, scenic beauty and public access to the river.
Lovelace assured the commissioners that a scenic river designation does not take way any landowner's rights along the river.

By HOPE YEN
Associated Press Writer
HARRISBURG, Pa. (AP) - State governments fearful of losing billions in tobacco settlement money are scurrying to find ways to keep the cash coming in the face of lagging cigarette sales and high-stakes litigation in Florida.
The states already took a billion-dollar hit this month after their payments were decreased to reflect last year's 9 percent decline in U.S. cigarette shipments. Pennsylvania received $198 million, about $28 million less than projected, and other states reported similar declines of 10 percent to 15 percent.
The losses, which some state officials say may continue, could shave more than $20 billion from the $206 billion due to 46 states over 25 years to cover health-related costs, under a ''volume adjustment'' clause of the settlement agreement.
Even worse, states worry that payments could be delayed for years in the event of a crippling punitive award in a Florida class-action lawsuit involving an estimated 500,000 sick smokers.
It's a potential problem for many states, which are using their cut of the settlement to pay for projects ranging from smoking prevention programs and health insurance for the uninsured to schools, water projects and new jails.
With so much at stake, state governments are keeping close watch on the health of the very industry at the core of the health-related problems to begin with.
''I do think state appropriators have been very cautious where they put these dollars, knowing they're going to change,'' said Joan Henneberry, a health policy expert at the National Governors  Association.
Many states, like Pennsylvania, want to cushion the impact of fluctuating payments with plans to set aside portions in rainy day funds and by appropriating the settlement money for programs year by year.
Other states are bolder. Four tobacco states - Georgia, Kentucky, Virginia and North Carolina - have passed or are pondering bills to shield industry assets during the appeals process. That came after some analysts predicted record damages in Florida and as the Justice Department sues the industry to recover billions the government says it spent on smoking-related health care.
And a few states, including Florida, Virginia and Louisiana, cite the declining payments and the industry's bankruptcy risk for why they may sell some of their settlement to investors at a discount. They say it's better that counting on the industry to stay fully afloat for 25 years.
''We can't afford to take that risk,'' said Louisiana State Treasurer John Kennedy. ''If your rich uncle died and left you $4.6 billion, you wouldn't buy all Philip Morris stock; you'd diversify. ... But every day we wait and more bad news comes out about the tobacco industry, the price goes down.''
Under the settlement signed in November 1998, the tobacco companies agreed to pay 46 states for smoking-related health costs. The companies earlier signed separate deals, also with ''volume adjustment'' provisions, with Mississippi, Florida, Texas and Minnesota for a combined $40 billion.
The agreements forced companies to end billboard advertising and certain other marketing tactics, such as cartoon images like Joe Camel. Companies then raised cigarette prices about 45 cents per pack to help pay for the settlement, leading to about a 9 percent decline in shipments last year, analysts say.
Analysts don't expect similarly sharp sales declines in future years - one projected a 1 percent to 2 percent drop annually. But they are encouraging state governments nevertheless to consider ways to minimize risk, either by legislating against the impact of large damage awards or selling some of their shares to investors.
''It would be imprudent for any state not to consider the best ways of protecting the annual revenues to that state,'' said Martin Feldman, an analyst with New York-based Salomon Smith Barney.
Pennsylvania Attorney General Mike Fisher, a member of the committee that negotiated the multistate settlement, said the best way to cushion the impact of fluctuating payments is to devote funds to health care, the costs of which will decrease as smoking levels dwindle.
''We shouldn't be concerned that the amount of cigarettes being sold is going down,'' he said. ''It's a good sign and the primary goal behind bringing this litigation in the first place.''
Anti-tobacco activists, meanwhile, worry that exaggerated fears of losing settlement payments may undermine anti-smoking efforts.
Even if smoking were reduced by only 1 percent annually for five years, they said, the country would save billions of dollars that would otherwise go toward treating smoking-related heart attacks, strokes, low-birthweight babies and other costs.
''I do think that so far there has been much too much focus on lost settlement revenues and too little on the benefits from reduced smoking levels,'' said Eric Lindblom of the Campaign for Tobacco-Free Kids.

SUFFOLK, Va. (AP) - This spring's planting season is either a delight or a disappointment, depending on what part of Virginia you're talking about.
In Hampton Roads, farmers are sitting idle, staring at muddy fields, while in central and western Virginia, farmers are rejoicing as rain fills reservoirs and streams that were dry last summer.
''It's raining - thank goodness!'' said Jim Gardner, agriculture and natural resources specialist with Virginia Tech and a member of the state Drought Task Force.
''I'm in a part of the state that was affected very adversely by the drought,'' Gardner said from Fauquier County. ''I talked to an extension agent in the southwestern part of the state ... and they've gotten a significant amount of rain there. Hopefully, we've turned this drought around.''
To the east, farmers can't even imagine talking about a drought, said Clifton Slade, Virginia Tech extension agent in Suffolk. April has drenched eastern Virginia with almost 4 inches of rain, and another storm front is forecast for the area this weekend.
''What it means now is late planting, late harvesting,'' Slade said.
If peanuts are planted too late, frost damage is a concern.
In a perfect year, when temperatures have warmed up and the rain holds off in April, farmers have planted corn and the fields have been prepared for peanuts.
''It's going to be more than a few days before we can get into the fields now,'' said Robert Goerger, extension agent in Isle of Wight County. ''It's actually been too cold to plant cotton, so it might be a blessing in disguise. Anything, I guess, though, is better than drought.''
Farmers in the Shenandoah Valley, where hay and cattle are big commodities, would agree. The drought from the valley westward started in 1998, said Jim Pease, agriculture and applied economics professor at Virginia Tech.
By last July, in the drought area, rainfall for the year was only about 50 percent of normal. Crop losses already had been estimated from 65 percent to 90 percent, and farmers across the area were selling their cattle because wells and ponds were dry.
But recovery from the drought seems imminent.
''Rain, rain - all over,'' said Leonard Shabman, director of the Virginia Water Resources Research Center at Virginia Tech. ''All the reservoirs in the state are full. Most of our monitor wells are in good shape. Most of what I'm reading says we're in good shape, for now.''

A 45-year-old Nathalie man was arrested Wednesday by sheriff's deputies on multiple charges after taking a vehicle without the consent of the owner.
Jerry Wayne Moore, 45, of Ed Mason Lane, faces two felony charges of taking a 1993 Ford Taurus, valued at more than $200 belonging to Dorothy Moore, without her consent.
He is also charged with intentionally vandalizing the vehicle causing more than $1,000 in damages.
Other charges include intentionally destroying a pine tree and shrubbery valued less than $1,000 belonging to Sharon H. Myers, driving a vehicle with a suspended license and reckless driving.
The alleged offenses occurred on Tuesday.
· Timothy Dean Martin, 27, of Dryburg Road in Scottsburg, was arrested Wednesday by sheriff's deputies on an assault and battery charge.
Martin is charged with the alleged assault and battery of April L. Snead that occurred on Sunday.
· A 43-year-old South Boston man was arrested Thursday by sheriff's deputies on a charge of appearing in public in an intoxicated condition.
Roger Lee Wilborn, of Jones Ferry Road, was charged and is scheduled to appear in Halifax County General District Court on June 2.
· Krystal M. Dodd, 22, of Providence Road in Richmond, was charged by sheriff's deputies with the uttering of bad checks.
Dodd allegedly uttered checks drawn on Central Fidelity National Bank while knowing there were insufficient funds.
A $14 check was made payable to 7-Eleven on September 25, 1997, and a check for $31.85 was made payable to 7-Eleven on September 27, 1997.
Dodd was issued a summons on February 17, 1999, and is scheduled to appear in Halifax County General District Court on May 25.

In other police reports:

Route 58 was the scene of two separate accidents which occurred during the week.
· A 2000 Freightliner, driven by Malcolm R. Carrington, 35, of Clover, sustained $15,000 in estimated damages Wednesday morning after a crash on Route 58, one-third of a mile west of Piney Grove Road (Route 751).
Trooper D.J.Cline said the tractor trailer ran off of the left side of the road, went through an embankment and into the westbound lanes of Route 58.
Carrington was charged with reckless driving after the 6:30 a.m. crash.
· A two-car crash occurred Tuesday afternoon at the intersection of Route 58 and Industrial Park Road (Route 931).
Trooper D.T. Conner said a 1995 Chrysler, driven by James William Barnett, 87, of Drakes Branch, made a left turn and pulled into the path of a 1998 Hyundai, driven by Elizabeth Joy Hess, 23, of South Boston.
Conner said Barnett's vehicle struck the Hess vehicle and the trooper estimated $6,000 in damages to the Hess vehicle.
The Barnett vehicle sustained $2,000 in estimated damages, according to Conner.
Barnett was charged with failing to yield the right of way in the 1:20 p.m. crash.

The top spot in the Western District will be on the line tonight when Halifax County hosts district leader Albemarle in a critical Western District contest.
A win in tonight's 7 p.m. game at Halifax County High School will move the Comets into a tie with Albemarle for the Western District regular season crown.
"This is a big one," Davis said of tonight's contest.
"It's a very big game. It's a game we need to win to get back into the district race."
The visiting Patriots topped the Comets 2-0 with a no-hitter from ace lefthander Thomas Martin in their first meeting in Charlottesville a couple of weeks ago.
On the other hand, a loss to Albemarle will give the Comets two district losses and an almost sure second place in the regular season district standings.
While tonight's game will have the intensity of a pressure cooker, Davis is trying to release as much of the pressure as possible.
"We're not putting a lot of pressure on the guys," Davis said.
"They know what they have to do. They know the situation we're in right now."
Tonight's game will not only be a rematch of two fine teams, it will be a rematch between two of the Western District's top hurlers.
Davis says he expects the Patriots to put Martin, who struck out 10 batters and gave up only two walks in the first meeting of the two teams, on the hill.
"He's a good pitcher but he's not unbeatable," Davis said of Martin who has already signed to play for the University of Richmond.
The Comets indicated he will go with Michael Priest who allowed only three hits and fanned eight batters in the initial meeting of the two teams in Charlottesville.
"Michael did an outstanding job for us up there," Davis said.
"He's pitched well this season. They're two of the best pitchers in the district."
While Martin spun a good game on the mound when the two teams met earlier in Charlottesville, Davis said the reality was that the Comets did hit the ball.
"True, we had 10 strikeouts," Davis said.
"But, it was primarily a couple of guys in the lineup that had nearly all of the strikeouts.
"We hit the ball and we hit the ball well at times," Davis continued.
"But, we hit the ball right at someone and they (Albemarle) made the plays they needed to make."
Davis says that is why his team is not awestricken over facing Martin.
"The guys sense they can hit him," Davis pointed out.
Davis noted that his team simply needs to do what it did when it faced Northern Durham's solid lefthanded pitcher last Thursday night in the Halifax County Spring Invitational Baseball Tournament.
The Comets got only three hits in the game but they did the small things, the key things they needed to manufacture runs.
"We've got to take advantage of the opportunities when we get runners on base like we did against Northern Durham," Davis said.
"That's the game of baseball. You've got to get runners in scoring position and manufacture runs."
Halifax County won both of its games in last weekend's Spring Invitational Baseball Tournament, downing Dinwiddie 14-6 in a come-from-behind win and defeating Northern Durham 4-1.
The two wins got the Comets back on the winning track after sustaining the loss to Albemarle.
"I wanted those two wins real bad coming off of a loss like that," Davis said.
Seeing Northern Durham's lefthanded pitcher was a good experience, Davis said.
"The guys saw a good lefthanded pitcher," Davis said, "and they got something out of it. That guy was the only lefthander we've seen except for Martin. He was a good pitcher and pitched a good game. We just took advantage of his mistakes."
"The teams we played were solid teams," Davis said.
"That should help us down the stretch."
If there is any concern Davis has about his team it is the lengthy layoff that his team has had.
The Comets have not played a game in more than a week.
This week's rainy weather and wet fields knocked the Comets out of opportunities to play two games this week and left them with only Wednesday and yesterday to get outside.
"I'm not going to say this (the rain) has hurt our chances," Davis said.
"Albemarle is in the same situation we are in. They couldn't do but so much either. We're not worrying about it. We can't control the weather. We have to take the good and the bad."
The Comets have been practicing all week, although the practice the first part of the week was inside.
"Anytime you can't get on the field to go over different plays and situations it affects you some," Davis said.
"The big thing is that it does hurt you some when you can't get on the field and take ground balls and things like that.
"And," he added, "the pitchers don't get a chance to pitch off of a mound. They're having to throw off of a flat surface."
Yet, Davis says his team will be just fine for tonight's game.
"We're okay," Davis said.
"We're at the stage right now where it doesn't take a whole lot to be where we should be."

Ulean Womack Simms, age 65, of Baltimore, Md., formerly of Halifax County, died April 24, 2000, at Maryland General Hospital.
Mrs. Simms was born in Halifax County on March 28, 1935, the daughter of Willie Torian and Viola Womack Torian and was married to William Leon Simms. She was a member of Peaceful Tabernacle Baptist Church.
Survivors include one son, William Edward Bowen of Farmville; her mother of South Boston; one granddaughter, Tiffany Bowen of Amelia County; and her daughter-in-law, Debbie Bowen of Amelia.
Funeral services for Mrs. Simms will be held April 29 at 11 a.m. at Jeffress Funeral Home Chapel with Elder Larry Burrell officiating. Burial will follow in Banister Hill Baptist Church Cemetery.

The family will receive friends at the home of Bessie Ford, 213 Fairmont Apartments, South Boston.

Frances Luck Womack, age 86, of Nathalie, died April 20, 2000, at Halifax Regional Hospital.
Mrs. Womack was born February 20, 1914, the daughter of Robert and Martha Ann Luck and was married to William Womack. She was a member of Womack Chapel Holiness Church.
Survivors include five daughters, Ellen Barksdale of South Boston, Maxine Adams and Bessie Womack, both of Danville, Martha Ragsdale of Nathalie and Sarah Womack of Java; two sons, William Womack and Walter Womack, both of Danville; 45 grandchildren; and one sister, Beatrice Davis of Lanham, Md.

Funeral services for Mrs. Womack were held April 24 at 1 p.m. at Womack Chapel Holiness Church with the Rev. Joseph Dixon officiating. Burial was in the church cemetery.

Infant Brandon Jamar Davis, age 15 months, of 5117 Black Walnut Road, Randolph, died April 26, 20000, at Halifax Regional Hospital.
He was born in Halifax County on December 30, 1998, the son of William Tucker and Virginia Davis Acree.
Survivors include his mother and father; his maternal grandmother, Carolyn Davis of South Boston; his maternal grandfather, Donald Davis of Brookneal; one aunt, Priscilla Sanford of Randolph; and one uncle, Donald Davis Jr. of Randolph.
Graveside services for Infant Davis will be held April 29 at 3 p.m. at Shiloh Baptist Church Cemetery with the Rev. Diane Carr officiating.

The family will receive friends this evening, April 28, at the Chapel of Jeffress Funeral Home from 7:00 until 8:00, and other times at the home of Priscilla Sanford, 5117 Black Walnut Road.

Annie Louise Green Campbell, age 82, of Paris, Tenn., died April 22, 2000, at Vanderbilt Hospital.
Mrs. Campbell was born in Halifax County on September 1, 1917, the daughter of Thomas Green and Lessie Pauline Spencer Green and was married to Thomas W. Campbell. She was a member of Fairview Baptist Church.
Survivors include two daughters, Janice Kay Coppley of Walnut Grove, Ill. and Tammy L. Campbell of Paris, Tenn.; one son, Lee R. Campbell of Paris; one sister, Mildred Lynn of Amelia; one brother, Moody Green of Richmond; six grandchildren; and three great-grandchildren. She was preceded in death by one son, Gary Thomas Campbell; three sisters, Mable, Myrtle and Dorothy Green; and three brothers, Ira, Lawrence and Donald Green.
Funeral services for Mrs. Campbell were held April 27 at 7 p.m. at McEvoy Funeral Home in Paris, Tenn. with the Rev. Billy Redden conducting the service. Burial will take place in Oak Ridge Cemetery in South Boston on April 29 at 2 p.m.