A lawsuit regarding public access to a popular recreation area in Craig County came to an abrupt halt Monday afternoon amid questions about whether the owners of the land could prove their ownership.
The legal team for Briar Oak Properties LLC and Briar Oak Farms LLC, led by Roanoke-based lawyer Lenden Eakin, asked Craig County Circuit Judge Joel Branscom for the nonsuit, an agreement not to pursue a suit against the defendants — the commonwealth of Virginia and the Virginia Marine Resources Commission — that does not preclude them from refiling the same complaint in the future.
The issue stemmed, Eakin said, from the plaintiffs’ inability to establish a chain of title, or the full ownership history of one of the parcels in question dating back to its original 18th-century grant. A long-ago deed of transfer, he said, referred to another deed that his team had failed to put into evidence. It was unclear if the attorneys were in possession of the deed in question.
“We didn’t want to take a chance on losing with all the resources that have gone into this,” Eakin said outside the courthouse in New Castle on Monday afternoon.
Eakin said his team believes they can file the suit again and win once the deed issue is resolved. Proceeding with the case as-is, he said, risked a motion to strike from evidence the deeds from the Briar Oak-owned parcels that could have cost the plaintiffs their case on a technicality.
“We are pleased with the result,” said Rosalie Fessier, a Staunton-based attorney who led the defense.
With the suit, Briar Oak sought to clarify ownership of the creekbed under Craig Creek, which runs through some of its parcels at the eastern edge of the county just north of Roanoke. A ruling in its favor could have allowed property owners to restrict public access to streams throughout Virginia. The section of Craig Creek in question is popular for outdoor recreation, particularly with tubers, kayakers and canoeists.
The nonsuit motion came after five and a half hours of testimony Monday, the first day of what was supposed to be a two-day bench trial in a case that was first filed in 2022. Neither side opted to make an opening statement in the long-running case.
“We’ve been in opening-statement mode for months now,” Branscom recognized from the bench before allowing the defense to begin calling witnesses.
William Lemon, the owner of both Briar Oak Farms and Briar Oak Properties, took the stand first and recounted a number of interactions with alleged trespassers using the creek within the boundaries of his property, specifically near the right of way of Virginia 612, Scenic View Lane, as it fords Craig Creek.
“I’ve gotten to the point where I don’t challenge people anymore,” Lemon said. It was unclear whether Lemon was asking for the right to close the creekbed to public access or merely declare the earth over which Craig Creek runs to be his company’s property.
The remainder of Monday’s testimony came from Salem-based land surveyor Doug Meredith, who certified a number of historical surveys on the parcels, dating back to a 1798 commonwealth grant. It was dominated by the plaintiff’s attempt to certify the chain of title, which apparently resulted in the uncovering of the break in the sequence.
Eakin said his client will take time to decide whether or how to pursue the case in the future and did not offer further comment on its status Monday afternoon.
