Litigation is pending between the owner of a residential home in the Town of Kenbridge and members of the Kenbridge Town Council who was denied a special use permit to the facility, according to a letter addressed to the Virginia Office of the Attorney General  Sept. 28.

Ann Gordon, President of G&W Associates, who owns a property at 124 Cralle St., which is currently the site of Jan’s Residential Home in Kenbridge which services elderly and older residents with mental illness, said in a letter addressed to R. Thomas Payne, II, the Director Civil Rights Unit/SAAG Fair Housing Division of Human Rights and Fair Housing that she had allegedly not been properly notified by the Town Council and alleged that the council’s decision to deny the special use permit request during its Aug. 15 meeting was discriminatory toward the owners and residents of the home.

The letter cited that a vote to approve a non-conforming use permit for a Kenbridge adult home was granted Oct. 18, 1994 and a building permit and certificate of occupancy Oct. 19, 1994.

The non-conforming use permit, according to the letter, would support the property’s use application that contained the purpose of the adult home, a description of the structure, which would accommodate approximately 25 residents and proposed staffing.

The letter cited that Judy Bennett entered in a lease agreement with G&W to run her Adult Home, Jan’s Residential Home Corp., at the property at 124 Cralle St. in 2014 where she would pay

taxes and yearly business licenses.

The letter cited the Town Council this year determined “that a new Use Permit application was required and refused to issue a renewal of the Business License.”

Gordon said in the letter that she was never notified of the new use permit application.

The letter cited that upon hearing that the special permit was needed and later denied, Gordon requested a meeting with Town Mayor Emory Hodges, Town Manager Robyn Fowler and Town Lawyer Calvin Spencer, which took place Sept. 17.

The letter cited that during the public portion of the meeting, there were not enough council members present to take a vote.

The letter cited that a vote was later taken during closed session, after Councilmember Mike McGrath attended the meeting and that Gordon was notified of the decision through an email by Fowler.

“‘As of September 20, 2017, Council remain ‘steadfast in their decision of turning down the Special Use Permit application for Jan’s Residential. Council declared no further discussion … unless it comes from the applicant Judy Bennett and/or her attorney,’” the email cited, according to the letter.

“The actions of the Town Council presents a huge issue for the business; which has not changed in use, scope or occupancy since the original Use Permit was issued,” the letter cited. “If not granted a new Use Permit, Ms. Bennett would have to reduce the occupancy to 8 residents, which I believe the Town is aware would not sustain the business.”

The letter cited allegations that the Town Council’s decision was discriminatory toward both the African-American owners of the residential home and to the home tenants, which the letter cites “Consists of (as in the original and Town approved Non-conforming Use proposal) the Disabled: Veterans, Elderly, Mentally Ill, Handicapped, Infirmed, and Mentally Retarded, who are protected by the Americans with Disabilities Act of 1990.”

Following request for comment, Fowler said Monday that the litigation file is on record at the Lunenburg Circuit Court.

“Because we are involved in pending litigation, we are unable to answer questions on the case at this time,” Fowler said in an email.