Historic Preservation Groups Come Out Swinging Against Wilderness Crossing Mega-Development
(Orange, Va.) — In a legal brief filed Friday, the American Battlefield Trust and other plaintiffs urged the Circuit Court of Orange County to allow their lawsuit against the Wilderness Crossing project, a 2,600-acre mega-development at the gateway to the Wilderness Battlefield, to advance. They argue that Orange County’s approval violated state and local law in numerous ways. Further, the Wilderness Crossing project threatens irrevocable harm to the Wilderness Battlefield and other historical and cultural resources.
The Trust is joined in the lawsuit by two other nonprofits, Central Virginia Battlefields Trust Inc. and Friends of Wilderness Battlefield, all three of which own or steward historic properties near the Wilderness Crossing project and stand to suffer significant adverse impacts. Private citizens who live next to the Wilderness Crossing site also joined as plaintiffs to protect their homes.
In May 2023, the Trust and other Plaintiffs challenged Orange County’s hurried and haphazard approval, which permits thousands of acres of residential, commercial and industrial development, including data centers and distribution warehouses, to mar the viewshed and bring tens of thousands of vehicles past and over the hallowed grounds where the Battle of the Wilderness was fought.
“The public should be able to have confidence that its representatives in government will conduct a good faith, transparent, and thorough process in making such consequential decisions. That did not happen here,” remarked David Duncan, president of the American Battlefield Trust. “Repeatedly, the Board of Supervisors put the interests of a single developer over those of its constituents, acting without regard for legal limits or historic and cultural resources. This secretive and haphazard rezoning process deserves to be brought to trial. There is simply too much at stake.”
Ahead of its hurried vote, the Board ignored repeated requests from the preservation community and the NPS to discuss the project and further study its impacts. By far the largest rezoning in Orange County history, the Wilderness Crossing mega-development could add up to 5,000 residential units, and over 800 acres of commercial and industrial development, including nearly 750 acres of which could be data centers and distribution warehouses, just across Route 3 from where 160,000 Union and Confederate soldiers clashed in May 1864. This project was approved over near unanimous public opposition.
“This project is unprecedented in such a historically significant area,” stated Central Virginia Battlefields Trust President Tom Van Winkle. “Orange County did not adhere to correct procedures and failed to respond to multiple inquiries from the National Park Service and other public entities. Additionally, they disregarded substantial opposition from local residents.” CVBT, alongside its partners, will continue to advocate for the appropriate course of action for this region and the preservation of our nation’s history.”
Robert Lookabill, president of the Friends of the Wilderness Battlefield, echoed Van Winkle’s comments: “The brave men that fought and died on this hallowed ground in 1864 demonstrated immense bravery and sacrifice. We are proud to continue the fight to protect the Wilderness Battlefield, and ensure that our elected officials act responsibly in the best interest of Orange County residents.”
The defendants - Orange County, its Board, and the owners of the Wilderness Crossing site - have asked the judge to dismiss the case. A hearing is scheduled for March 21st on those motions.
In addition to the filings by plaintiffs, the National Parks Conservation Association, National Trust for Historic Preservation, and the Coalition to Protect America’s National Parks filed an amicus curiae brief in support of the Wilderness Crossing lawsuit, emphasizing the irreparable harm the Wilderness Crossing development will have on the Wilderness Battlefield Unit of the Fredericksburg and Spotsylvania National Battlefield Park.
The amicus brief read in part: “The Board’s hasty decision to approve the Rezoning threatens the irreparable desecration of the natural and cultural resources that serve as a testament to the sacrifices and bitter struggles that forged our Nation. Therefore, Amici respectfully join Petitioners in urging this Court to deny the Demurrers filed by the proponents of the Wilderness Crossing and put them to their proof, at trial.”
The Wilderness Battlefield, site of a key Civil War battle in 1864, 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, including 473 acres associated with the historic Wilderness Battlefield. 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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