Fate Of Preservation Groups’ Lawsuit Challenging Wilderness Crossing Mega-Development Pending with Judge

(Orange, Va.) — A judge in Circuit Court of Orange County is weighing whether a lawsuit by preservation groups and local landowners challenging the sprawling Wilderness Crossing mega development at the gateway of the Wilderness Battlefield should be allowed to proceed, after hearing the irrevocable damage that could be caused to historic and cultural resources.  

The American Battlefield Trust, along with the Central Virginia Battlefields Trust Inc., Friends of Wilderness Battlefield, and several nearby homeowners filed suit in May 2023 over the county’s secretive and unlawful zoning process. The rezoning will make way for thousands of acres of residential, commercial and industrial development, including towering data centers and distribution warehouses, at the gateway to the Wilderness Battlefield. If built, this development will forever mar the 1864 battlefield and its landscape.  

On Friday, Circuit Court Judge David B. Franzén heard arguments surrounding a motion filed by Orange County, its Board of Supervisors, and the owners of the Wilderness Crossing site that sought to throw out the case. At the end of the session, he chose not to rule from the bench on this matter, but will contemplate further and issue his verdict later in the spring.  

However, Franzén did rule decisively in the plaintiffs’ favor on the matter of two amicus curiae briefs filed by the National Parks Conservation Association, National Trust for Historic Preservation and the Coalition to Protect America’s National Parks, as well as the Piedmont Environmental Council, in support of the lawsuit. The “friend of the court” briefs — which the defendants had sought to exclude — emphasized the conservation efforts undertaken to preserve the Wilderness Battlefield and the irreparable harm the Wilderness Crossing development would have on the Wilderness Battlefield Unit of the Fredericksburg and Spotsylvania National Battlefield Park. Both briefs will be admitted into the case’s official record. 

“The Trust and its partners are grateful for the thoughtful manner in which Judge Franzén is approaching this case and the due consideration he is giving to the complex issues presented to him,” said Trust President David Duncan. “We have waited patiently for the case to progress this far and eagerly await his decision, which will impact the course through which we proceed.”  

The Wilderness Battlefield was named one of the country’s 11 Most Endangered Historic Places by the National Trust for Historic Preservation in 2024. The area that was rezoned for development includes hundreds of acres identified by the National Park Service as within the historic boundaries of the battlefield.   

From a grassroots organization started by historians 30 years ago, the American Battlefield Trust has grown into one of the most successful private heritage land preservation organizations in the nation. The Trust is dedicated to preserving America’s hallowed battlegrounds and educating the public about what happened there and why it matters today. The nonprofit, nonpartisan organization has protected nearly 60,000 acres associated with the Revolutionary War, War of 1812 and Civil War, representing more than 160 sites in 25 states. Its 350,000 members and supporters believe in the power of place and the continued relevance of history as a means to fully understand our rights and responsibilities as Americans.  Learn more at www.battlefields.org. 

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