Central Virginia Battlefields Trust, Inc. joins the American Battlefield Trust, and others as a plaintiff in legal appeal of Wilderness Crossing Development decision.
| Update: April 3, 2025 (Orange, Va.) — A judge in Circuit Court of Orange County is considering whether a lawsuit by preservation groups and local landowners challenging the Wilderness Crossing development at the gateway of the Wilderness Battlefield should proceed, after hearing concerns about potential damage to historic and cultural resources. The Wilderness Crossing mega-development aims to bring development across multiple categories – from single-family homes to data centers, distribution warehouses, and other light-industrial uses. See an enlarged map and key in the Wilderness Crossing Design Guidelines Manual. 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 zoning process. The rezoning will enable thousands of acres of residential, commercial, and industrial development, including data centers and distribution warehouses, near the Wilderness Battlefield. On Friday, March 21st, Circuit Court Judge David B. Franzén heard arguments regarding a motion filed by Orange County, its Board of Supervisors, and the owners of the Wilderness Crossing site seeking to dismiss the case. He chose not to rule immediately but will issue his verdict later in the spring. However, Franzén ruled in favor of the plaintiffs regarding two amicus curiae briefs filed by the National Parks Conservation Association, National Trust for Historic Preservation, Coalition to Protect America’s National Parks, and the Piedmont Environmental Council, supporting the lawsuit. These briefs emphasize conservation efforts to preserve the Wilderness Battlefield and the potential harm from the development. Both briefs will be part of the case’s official record. “The Trust and its partners appreciate Judge Franzén’s careful consideration of this case and the complex issues involved,” said Trust President David Duncan. “We await his decision, which will determine our next steps.” Central Virginia Battlefields Trust President Thomas Van Winkle stated, “A project of this magnitude is unprecedented for this significantly historical area, Orange County apparently failed to follow proper procedures and also failed to reply to several queries from the National Park Service and other public entities. This is a very intricate case with vast repercussions for an entire county and surrounding historical resources. We are confident that Judge Franzén understands this and will consider the full weight in his decision.” 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 rezoned for development includes acres identified by the National Park Service within the historic boundaries of the battlefield. |
In a fervent display of dedication to historic preservation, plaintiffs and nonprofit preservation advocates are continuing their bold stand against a proposed mega-development near the historic Wilderness Battlefield in Orange, Virginia. The Central Virginia Battlefields Trust, along with the American Battlefield Trust, Friends of Wilderness Battlefield, and two concerned private citizens, have filed a legal brief urging the Circuit Court of Orange County to allow its lawsuit against the Wilderness Crossing project to move forward. These plaintiffs argue that the development process violated state law and poses a significant threat to invaluable historical and cultural resources.
The Wilderness Battlefield, a site of immense historical significance, witnessed a pivotal battle during the American Civil War and began what became known as Grant’s Overland Campaign pitting Lieutenant General Ulysses S. Grant against Confederate General Robert E. Lee. Renowned for its dense forest and intense combat, the battlefield remains a symbol of the sacrifices made during the conflict. CVBT along with partner preservationists have long fought to protect this hallowed ground from encroaching development. In 2024, the National Trust for Historic Preservation listed this 1864 Civil War site among the country’s 11 Most Endangered Historic Places. The rezoned development area includes land within the battlefield’s historic boundaries as identified by NPS.
The Wilderness Crossing project proposes a 2,600-acre mega-development at the gateway to the Wilderness Battlefield. This ambitious undertaking includes a potential of 5,000 residential units and more than 800 acres of commercial and industrial development – nearly 750 acres of which could be data centers and distribution warehouses. The intensity of this development has raised concerns from local residents as well as preservation advocates, because of the potential destruction of historic landscapes and the disruption of the area’s cultural fabric. In their legal brief, the plaintiffs contend that the process to approve the Wilderness Crossing project violated state law. They assert that the rezoning and approval procedures were flawed, lacking transparency and proper consideration of the adverse impacts on historical resources.
The defendants – Orange County and its Board of Supervisors – have asked the judge to dismiss the case. A hearing is scheduled for March 21st on the motion. The plaintiffs argue that allowing the mega-development to proceed unchecked will cause irrevocable harm to the historical and cultural resources of the Wilderness Battlefield. The development threatens to alter the landscape, erode the historical integrity of the site, and diminish its value as a place of remembrance and education.
“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 historical resources”
American Battlefield Trust president David Duncan stated “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.” David continued, “This secrecy and haphazard rezoning process deserves to be brought to trial. There is simply too much at stake.” The lawsuit is led by the American Battlefield Trust, along with the Central Virginia Battlefields Trust Inc., and Friends of Wilderness Battlefield. These three organizations own or manage historic properties near the rezoned land and anticipate substantial negative impacts. These nonprofit groups are committed to the preservation and stewardship of historic properties in the region. Their dedication to protecting the Wilderness Battlefield highlights the importance of this
legal action.
Alongside the plaintiffs’ filings, the National Parks Conservation Association, National Trust for Historic Preservation, and the Coalition to Protect America’s National Parks submitted an amicus curiae brief in support of the Wilderness Crossing lawsuit. Accompanying the nonprofit organizations are private citizens whose residences directly border the Wilderness Crossing site. These individuals risk significant adverse impacts if the project proceeds, as the development endangers their property values, quality of life, and the conservation of cherished historical landscapes.
The legal filings against the Wilderness Crossing project represent a crucial battle in the ongoing struggle to protect historic sites from modern encroachment. The Central Virginia Battlefield Trust and its allies are determined to uphold state law and preserve the integrity of the Wilderness Battlefield. As the case moves forward, the court’s decision will have far- reaching implications for the preservation of historical and cultural resources in Orange, Virginia, and beyond.
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