Mathews resident Dee Russell has a bone to pick with the Mathews County Planning Department and the county administrator.

Speaking at the June 25 meeting of the board of supervisors, Russell asked that the county attorney be consulted to give an opinion on a permit issued by Planning and Zoning Director John Shaw. The permit would allow Russell’s neighbors to demolish and rebuild a pier that Russell and her husband, Brian, share with those neighbors. She said she objects to issuance of the permit and had asked County Administrator Mindy Moran to consult the county attorney on the matter, but Moran had refused.

Board chair Edwina Casey told Russell that she had to get her own attorney to address the matter, since the issue involved a private property dispute that was a civil matter, not a county problem.

But Russell said that by issuing a permit with no proof that the pier belonged to the applicant, the county had allowed that person to “circumvent the civil system you’re telling me is required of me.”

“Who do citizens go to if they believe the county administrator has erred or if they’re getting no feedback from the county administrator?” asked Russell.

“The board,” said Casey, adding that Russell’s three minutes to speak were up.

During a subsequent interview, Russell explained that she and her husband were aware that there is a civil ownership issue associated with the dispute, and said they have an attorney handling the matter for them. But they said they provided evidence to Shaw that calls into question the right of her neighbors to seek a permit, and they believe he should have voided the permit once he received that evidence.

County records show that the original permit for the pier was issued to the then-owners of both of the properties in 1984 for “private, deep water access for two families” and that the tax bill has been shared by the owners of the two properties ever since.

“We shouldn’t have to file a civil lawsuit,” said Dee Russell. “The onus should be on them to prove their single ownership, not on us … They should have to go through civil court to prove they own it and fight for the right to demolish it.”

“We have legal documentation to prove we have part ownership of that pier,” said Brian Russell. “We believe it’s a shared pier; all the documents say it’s a shared pier; and we’re perfectly fine with it being a shared pier … I can tell you right now, if somebody demolishes that pier, we’re suing the county.”

And that’s what concerns the Russells. They said they don’t want to take the county to court, and they don’t understand why the board didn’t ask the county attorney for advice on the matter. Most counties have an attorney on hand at meetings to render advice in such cases, they said. Since Mathews County no longer has a local county attorney, but has contracted with a Richmond law firm to provide services, the Russells said they wanted either County Administrator Mindy Moran or the board of supervisors to seek a legal opinion from the firm.

“We didn’t expect them to defend us,” said Dee Russell. “We expected a legal opinion on the matter … How can it be that they’re not getting that advice?”

“We’re just saying as citizens that we think there’s potential liability to the county,” said Brian Russell. “If I have to go to the House of Delegates or the Commonwealth’s Attorney, that’s where I’ll go next.”

Shaw said he couldn’t discuss a matter that is pending before the Board of Zoning Appeals, which will meet at 7 p.m. Wednesday, July 10, in the historic courthouse on Court Street.