VIRGINIA BEACH, Va. – The developer of a proposed arena near the Oceanfront is asking the city attorney to review an October city council vote.
The city council failed to have enough votes to approve changes to the proposed arena. The developer, United States Management, asked to change the way the arena would be financed. City council had 8 votes, but needed 9 to approve the changes because the project involves a land transfer.
USM asked a Richmond based law firm to research the vote. A spokesman released the following statement: “Per the extensive legal research of McGuire Woods, the Arena transaction does not rise to the level of a ‘sale of land’ which requires a supermajority (i.e. 9 out of 11 votes) under the Virginia Constitution. Further, the land transfer itself was previously approved by a 10-1 vote in December of 2015. We have shared our research with the City Attorney to receive clarity with regard to the law and ensure that the law is consistently applied.”
An original dealwas approved in December 2015 in a 10-1 vote. City council voted to give the developer a 60-day extension on working out the finances in November.
The developer says the city attorney is reviewing the information.