Page 56 - Discover Fall 2020

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What’s Up Doc? CONTINUED
to comply with AEP’s permitting rules. The
Pressls had joined forces with Bill Brush
and CURB (Cut Unnecessary Regulatory
Burden). CURB had previously started a public
campaign in defense of property owners vs.
AEP’s flowage easement rights. They had
come to the defense of Bill Nissen, who was
challenging AEP’s permitting authority. Using
legal precedents, CURB argued that AEP was
overstepping its rights with respect to the
flowage easement, not just in these two cases,
but in the case of virtually everyone who
owned lakefront property.
Finally, the Pressls, backed by CURB,
appealed the matter to the Virginia Supreme
Court, who had rendered past rulings in favor
of property owners in similar cases. They
refused to hear the case. Ultimately, a local
judge ruled that both the Pressls and the
Nissens had to cease construction on their
docks, and also that AEP could not take steps
to physically remove them. Months later,
AEP demanded that Pressl remove his dock,
and after several more months, they came to
remove it.
Following that, AEP petitioned the
Franklin County Board of Supervisors to grant
them absolute and total rights to issue dock
permits on the county’s portion of Smith
Mountain Lake. By this time, CURB had
succeeded in gaining some grass roots support
for Pressl among those who knew the facts of
the case, and understood the ramifications of
this action for all lakefront property owners.
In a well-attended public hearing, several
residents voiced their objections to turning
over public authority to a private company.
The decision was voted down, but not before
the Board had presented a letter from AEP’s
COO, Chris Beam. From that letter, those
concerned were able to learn Mr. Beam’s
e-mail address, and they mounted an e-mail
campaign to appeal directly to him.
The results were extremely positive.
54 Discover Smith Mountain Lake FALL 2020
Beam agreed to come here and meet with up
to seven selected representatives of those
concerned. Those who were selected met with
Mr. Beam individually to present their cases.
According to Pressl, “He heard from
dock builders, realtors, residents… it was a
nice cross-section of the community.”
In one of those interviews, a friend of
Pressl pointed out that an AEP employee had
declared Pressl’s property as a wetland, which
would disqualify him from building a dock.
That claim had in part formed the basis of
AEP’s evidence that was presented in court.
This friend produced evidence from numerous
surveys of the property that disproved her
claim. Suffice it to say that this particular
meeting didn’t end well for her.
To his credit, Mr. Beam listened to all
of the concerns that were presented with an
open mind. He went away from the meetings
with over one thousand pages of statements
and evidence. He read every word of it, and
then agreed to act. He met with Mr. Pressl at
his home to personally review his individual
case, and assured him that if he complied with
the SMP, he would be able to have his dock.
It took several months, and a lot of red tape,
but the dock permit was finally granted. Now,
some 8 years later, and 15 years after the fight
had started, Rick Pressl has his new dock.
“He may be the best executive that I
have ever seen,” Pressl said of Chris Beam.
“I’ve dealt with a lot of executives in my life,
professionally, and otherwise… the guy is
amazing… He gave me his cell phone number,
and told me to call him 24/7 if I ever have a
problem.”
Pressl has plans to hold a huge party on
his new dock when that becomes possible…
and Mr. Beam said that he was looking
forward to having a beer with him on his new
dock.