The County That Cried Clunker: Augusta County's Legal Engine Stalls in Court

https://www.youtube.com/watch?v=rlNdaf95cu8

Written by: Sam Orlando

CRIMORA, VIRGINIA — Augusta County just lost a legal battle that may have started over junked cars, but ended up spotlighting something far more costly: government overreach and taxpayer waste.

In a sharply worded opinion released by the Virginia Court of Appeals, the county's case against MAD Properties, a small auto repair and sales business in Crimora, was not only overturned—it was dismantled like a busted carburetor on a cinderblock. At the center of the case: a fight over whether a few untagged vehicles on the property were a zoning violation, or just business as usual at a repair shop that’s been operating since before seat belts were standard.

Augusta County said the presence of "inoperable vehicles" violated the company’s 2017 permit and the zoning ordinance. MAD Properties' owner, Mark Baber, said the cars were either awaiting repair or quickly removed—and that his shop was legally operating under long-standing use rights going back nearly a century.

But the trial court never let him make that argument. It ruled that because Baber hadn’t appealed a prior zoning violation notice in 2021, he was permanently barred from defending himself—ever. This was based on a legal concept called the “thing-decided doctrine.” Basically, once the government says you’re wrong and you don’t challenge it fast enough, you’re out of luck forever—even if you fix the problem or new facts come to light.

Fortunately for Baber, the Virginia Court of Appeals wasn’t buying it.

In a unanimous published opinion, the judges found that the trial court had misapplied the doctrine, ignored relevant facts, and wrongly stripped Baber of the right to present his defenses. Not only had MAD Properties corrected the alleged violations at various points, but the Court also noted that the zoning ordinance itself allowed for vehicle repairs on the property as a permitted use—meaning Augusta County sued someone for doing something they were already allowed to do.

“The thing-decided doctrine doesn’t give zoning officers a magic wand,” the court essentially said. And despite multiple citizen complaints and inconsistent inspections, the court made it clear: correcting a problem isn’t the same as admitting permanent guilt.

The ruling sends the case back to the trial court, where Baber can finally present evidence supporting his claim that the cars on the property were either legal or had been removed—and that his business had been unfairly targeted.

But the story doesn’t end in the courtroom.

When Augusta County sues and loses, the cost doesn’t vanish into thin air. County lawyers don’t work for free. Zoning inspectors, legal staff, court preparation—all of that is funded by Augusta taxpayers. And here’s the kicker: when the County loses, like it did here, it can be required to pay the other side’s legal fees, too. That means taxpayers are on the hook for both sides of the courtroom drama—a double loss for the public.

This case shines a spotlight on a bigger issue: Augusta County’s increasingly aggressive—and increasingly expensive—approach to zoning enforcement. It’s not the first time the County has lost in court over questionable land-use tactics. And if this trend continues, it won’t be the last.

So the next time you see a car with no tags sitting behind a local garage, don’t worry about whether it’s violating zoning law. Worry about whether your tax dollars are about to get towed into another courtroom.

Because when the County loses these fights? You pay double.