headline

click here to read text of Daily Progress June 23, 2007 article
Maps

The Daily Progress continues its excellent coverage of the Timberlake-Branham "taking by typo" issue. Its an ongoing story, which is complicated to the point that a few supplemental comments are in order.

"Emory and some neighbors believe the city accidentally removed the historic protection status from the site several years ago."

We, the concerned neighbors, do not believe that 75% of the 7 acre protective zoning overlay was removed by accident. Zoning is a conscious, legislative act which must follow procedures as outlined by law. We believe that the 7 acres continues to be protected because the proper procedures were not followed. The City of Charlottesville is the proponent of the zoning by accident argument.

"A letter written by zoning administrator Read Brodhead in February stated that a "technical mistake" might have caused the parcels to lose their protected status, a position Coiner and some others dispute."

The zoning determination written by Read Brodhead didn't contain the word "might". Brodhead said that a technical mistake caused the removal of the historic designation. (click here to see letter)

"Emory brought his case to the Board of Zoning Appeals..."

One of the issues in this case has been that of "standing". Someone who has been affected by the purported loss of the zoning overlay has to ask for corrective action. There are many people who have been affected and will be affected if the City fails to address the "taking by typo" loop-hole. Formally, this case has my name on it, "William Emory v. City of Charlottesville". But informally this case is "Concerned Citizens v. City of Charlottesville", a class that includes regional, state and nationwide supporters.

"Next, Emory petitioned the City Council to consider his case and change the site's zoning classification."

To date, the neighborhood has not petitioned Charlottesville City Council regarding the Individually Protected Property status of the seven acres.

"Emory said he's disappointed that he had to file a lawsuit in order to coerce the city into fixing what he believes was a clerical error."

co-erce
1. to compel by force, intimidation, or authority, esp. without regard for individual desire or volition: They coerced him into signing the document.
2. to bring about through the use of force or other forms of compulsion; exact: to coerce obedience.
3. to dominate or control, esp. by exploiting fear, anxiety, etc.: The state is based on successfully coercing the individual.

We are the supplicants here. There is definitely no "coercion" afoot. We hope that the City will correct a clerical error which, if upheld, has serious import for all citizens of Charlottesville.

I would urge you to think both about fairness to the parties here and what the most minimum due process requires, which is notice and an opportunity to be heard. And then also to think about the precedent and the way in which this kind of taking by typo would really threaten and jeopardize all of our ability to trust the stability of the records.

--Anne Coughlin, speaking before the BZA during the 4/19/07 appeal

Eppie Lou Fariss Marchant

Eppie Lou Fariss Marchant (inset-- Hampton Sidney Marchant)

Eppie Lou Fariss Marchant was the wife of Hampton Sidney Marchant, son of Henry Clay Marchant who owned the Charlottesville Woolen Mills from 1864-1910. "Eppie Lou" was born on June 22, 1880, in Alabama, and died on Sept. 19, 1918, in Charlottesville, Virginia during the flu epidemic. She is buried in the family plot at Riverview Cemetery.

Eppie (nee Eppe) Lou was the daughter of F. Ariadne Edwards and Lafayette Fariss of Sylacauga (Talladega County), Alabama. She married Hampton Sidney Marchant of Charlottesville, Virginia, at high noon on June 10, 1903. Why Hampton was so far from home over a hundred years ago -- and how he met his wife-to-be -- is a mystery to his descendents. Family lore, however, records that Lafayette Fariss was apparently very fond of Hampton, but he did not want to see his daughter move "north." Not so much that it was "the North", but that it was so far away. He was going to miss her.

Hampton and Eppie Lou had three children:
Mildred Elizabeth Marchant (1/18/1907 - 3/3/1907)
Henry Fariss Marchant (3/26/1908 - 10/12/1981)
Joseph Churchill Marchant (9/3/1911 - 2/--/1981)

Our father was Henry Fariss Marchant, who was 10 years old when his mother died. His recollections were few, but those he had were vivid. He recalled his mother as high spirited in temperament but frail in overall health. She had a low resistance to infections and viruses, which, no doubt, contributed to her passing at the age of 38. She was very involved in the church, and often took food to millworkers when they or their families were sick.

Daddy's favorite story about his mother: Eppie went into town once a week. She drove the buggy herself and often took her son Henry with her. The horse they owned was very spirited -- like Eppie Lou -- and loved to run. They would hook him up; get in; and take off. According to Daddy, they would fly down the hill, which is now Marchant Street, at top speed and run at full gallop all the way into town. Daddy would literally be hanging off the back of the buggy -- holding on for dear life! At the edge of town, Eppie Lou would stop...straighten her clothes, her hair, and her hat, and slowly and gracefully enter town.

So ends the story in the memory of a youngster.

P.S. Hampton Sidney Marchant lived until 1958 (outliving Eppie Lou by 40 years and never remarrying) and confirmed the part of the story about the spirited horse and stopping at the edge of town. Holding on for dear life was never confirmed, only experienced by a young boy named Henry.

Submitted by Henry Marchant's girls on June 8, 2007:
Carolyn Marchant Walker, Locust Grove, Virginia
Bobbie Marchant Anker, Charlottesville, Virginia
Kathy Marchant Hedick, Tallahassee, Florida

Timberlake Branham- "zoned out"

Tom Kirk rides in the backyard of his grandfather's historic farm at 1512 East Market Street. Monticello and Brown's mountains are visible in the far distance. In the near distance, the fence which separated the house from the "front pasture".
City Council touched on the issue of the Branham farm during their June 4, 2007 meeting.
The Hook reports:
For a transcript of Council's discussion: click here
For audio of Council's discussion: click here