By Robert King -- Daily Staff Writer

FRONT ROYAL — A Front Royal councilman is upset the panel wasn't consulted on the town's agreement to be dismissed from a lawsuit over the relocation of Mary's Shady Lane.

But it might not have been the council's decision, other members rebutted.

Councilman Thomas H. Sayre said the council should have been consulted by Town Attorney Thomas R. Robinett over the decision.

Mayor Eugene R. Tewalt countered the lawsuit was being handled by the town's insurance carrier, Virginia Municipal League, and it had the authority to decide.

The lawsuit centers over the relocation of Mary's Shady Lane, an unpaved easement that acts as an entrance and exit point onto Happy Creek Road.

Front Royal Limited Partnership wants to relocate the road so it has direct access to Shenandoah Shores Road. It is asking the court to extinguish the property rights of more than 100 property owners along the easement.

The easement's current location makes it hard to coordinate a reasonable development, Michael Coughlin, a Prince William-based attorney representing the firm, has said.

The town was listed as a defendant when the lawsuit was filed in 2006.

At the time, national homebuilder Centex Homes was a plaintiff. The relocation was central to the developer's plans to build a 1,862-home development off Happy Creek Road.

Centex pulled its development application in December 2006 due to a cooling housing market. It remained in the suit until April of this year, when it asked to be removed.

Front Royal Limited Partnership remained in the suit, and filed an amended complaint the same month.

In late June, the partnership asked the court to dismiss the town, and the town agreed.

Robinett said at the time the town has a sewer line that crosses Mary's Shady Lane. He said in previous remarks the portion of the road the firm sought to vacate "had nothing to do with the existence of our sewer line or our sewer line easement." He added the firm agreed the town could use the vacated portion of the road to get to the sewer line.

But Sayre said Robinett didn't have the authority to agree to be dismissed.

"That is within the purview of the town council," he said.

He said he asked Robinett before the dismissal to keep him abreast of any lawsuit developments, and he claims Robinett didn't.

Sayre said he is speaking out now, roughly two months after the dismissal, because of public outcry. He said he received numerous phone calls.

Sayre owns property off Shenandoah Shores Road, and near the proposed development. He said the development wouldn't go through his property, and it didn't influence his decision to speak out.

But it might not have been Robinett's call to make, said Tewalt.

"That lawsuit was being handled through the VML insurance, and [Winchester-based attorney Robert] Mitchell was the attorney for VML," he said.

Tewalt said Mitchell wasn't available to go to court for the hearing "and conferred with [Robinett] and [Robinett] did exactly what Mitchell told him to do."

"VML lawsuits do not have to be brought back to the council for dismissal for the actual lawsuit," Tewalt added.

Mitchell and a VML representative weren't available for comment.

Robinett confirmed he and Mitchell discussed the suit, and "the result was the dismissal. [I] can't tell any more than that."

Robinett said Sayre is "entitled to his opinions. I'm not in a position to comment on that stuff because it was all in litigation."

Vice Mayor Bret W. Hrbek said he wished Robinett had come to the council before the dismissal, but he understood Robinett's decision.

"From what I understand, under [town] code [Robinett] had the authority to act as chief legal adviser for the council," he said.

The town code says the attorney "shall have charge, management and control of all legal matters affecting the town."

Hrbek said the timing was "awkward" with transition on the council.

Hrbek, Sayre and Tewalt are the only current members that were on the panel at the time of the dismissal.

The other four members had not been appointed or sworn in.

Sayre said he understands the town can't get back into the lawsuit, which remains pending in Warren County Circuit Court.

* Contact Robert King at rking@nvdaily.com