La Bergerie faced opposition from neighbors when it was announced that the inn and restaurant would be moving into a historic location at 329 North Washington St., but after a legal battle, the Court has ruled in favor of La Bergerie and the City Council. Neighbors argued that La Bergerie had used family connections to gain the support of the City Council for the location to be rezoned, but retired Judge William H. Shaw III wrote in his decision on Oct. 31 that “the City Council’s actions were reasonable and not arbitrary and capricious and did not constitute spot zoning.”
According to the decision, Virginia law states that a zoning ordinance is only considered spot zoning if the change is beneficial solely to the landowners. However, Shaw said that the city had sufficiently proven that the change would add multiple benefits to the neighborhood by making the historic property publicly accessible, protect the property’s historic value and facade, and will encourage tourism to the area.
“Consideration of these factors would certainly lead to objective and reasonable persons to conclude that the City Council acted reasonably,” said Shaw in the decision. “The factors showed that the City Council understood both the mixed commercial/residential character of N. Washington Street and the concerns of some nearby neighbors, and found the benefits to the community outweighed the concern, particularly when such concerns were met with strict conditions placed on the [La Bergerie].”
In a Nov. 2 press release, owners Laurent and Margaret Ticer Janowsky announced the planned closure of La Bergerie Restaurant in its current location on Lee Street. Following the result of the lawsuit, the Janowskys stated they look forward to moving forward on the project at 329 North Washington St.
The current La Bergerie will continue to be open for dinner Monday through Saturday, 5:30-9:30 p.m. and Sunday 5-9 p.m. After Thanksgiving, the Janowskys will also open La Bergerie for holiday luncheons for parties of eight or more.